Oneida Business Committee (2026)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

REVISED

Business Committee Conference Room - 2nd Floor Norbert Hill Center

March 4, 2026

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. February 18, 2026 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Elder Protection Law (pg. 4)

2. Uniform Commercial Code (pg. 30)

3. Real Property Law Amendments (pg. 92)

4. Higher Education Scholarship Law (pg. 194)

5. Recycling and Solid Waste Disposal Law Amendments (pg. 241)

6. Eviction and Termination Law Amendments (pg. 277)

7. Petition: G. Powless-Buenrostro – Accountability Measure Options for BC and BCC’s

#2025-04 (pg. 321)

8. Petition: G. Powless-Buenrostro – Amend the Administrative Rulemaking Law #2025-05

(pg. 332)

9. Budget and Finances Law Amendments (pg. 343)

IV.

New Submissions

Additions

VI.

Administrative Updates

1. E-Poll Results: Safe Neighborhoods Law Emergency Adoption (pg. 372)

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

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Oneida Business Committee

Legislative Operating Committee

GDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

February 18, 2026

9:00 a.m.

Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill

Unexcused: Marlon Skenandore

Others Present: Grace Elliott, Carolyn Salutz

Others Present on Microsoft Teams: Rae Skenandore, Jeremy King, Ashley Blaker, Barbara

Webster, Eric Boulanger, Janice Decorah, Mark Powless Sr, Joshua Cornelius, Debra Powless, David Jordan, Rhiannon Metoxen, Clorissa Leeman, Kaylynn Beily, Jason Martinez, Taryn Webster,

Trina Schuyler, Fawn Billie, Kristal Hill, Tavia James-Charles, Lauren Hartman, Fawn Cottrell,

Peggy Helm-Quest, Melissa Alvarado.

Call to Order and Approval of the Agenda

Jameson Wilson called the February 4, 2026, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Jonas Hill. Motion carried

unanimously.

II.

Minutes to be Approved

1. February 4, 2026 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the February 4, 2026, LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried

unanimously.

III.

Current Business

1. Eviction and Termination Law

Motion by Jonas Hill to approve the Legislative Analysis of the Eviction and Termination

law; seconded by Jennifer Webster. Motion carried unanimously.

IV.

New Submissions

1. Oneida General Welfare Law Amendments

Motion by Jennifer Webster to add the Oneida General Welfare Law Amendments to the

Active Files List with Jameson Wilson and Jonas Hill as the sponsors; seconded by Kirby

Metoxen. Motion carried unanimously.

<XXXXX)

A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of February 18, 2026

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2. General Tribal Council Meeting Stipend Payment Policy Amendments

Motion by Kirby Metoxen to add the General Tribal Council Meeting Stipend Payment

Policy Amendments to the Active Files List with Jameson Wilson and Jennifer Webster as

the sponsors; seconded by Jonas Hill. Motion carried unanimously.

3. Pardon and Forgiveness Law Amendments

Motion by Jennifer Webster to add the Pardon and Forgiveness Law Amendments to the

Active Files List with Jonas Hill as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:15 a.m.; seconded by Kirby Metoxen. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of February 18, 2026

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r'\.

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=DODDDD=

ONEIDA

Legislative Operating Committee

March 4, 2026

Elder Protection Law

Submission Date: 1/4/23

LOC Sponsor: Jennifer Webster

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was carried over from last term and originally added to the Active Files

List on January 4, 2023 at the request of the Governmental Services Division Director for the

purpose of developing a law which would protect elders of the Oneida community from abuse,

neglect, and exploitation.

10/4/23 LOC: Motion by Jennifer Webster to add the Elder Protection Law to the Active Files List

with Jennifer Webster and Marlon Skenandore as the sponsors; seconded by Jonas

Hill. Motion carried unanimously.

11/1/23 LOC: Motion by Jonas Hill to approve the Legislative Operating Committee community

meeting notice and schedule the community meeting to take place on December 6,

2023; seconded by Jennifer Webster. Motion carried unanimously.

11/27/23:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore,

Jonas Hill, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen

Perkins. The purpose of this work meeting was to review the PowerPoint presentation

for the December 6th community meeting.

12/6/23:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore,

Jonas Hill, Kirby Metoxen, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal

Hill, Maureen Perkins. The purpose of this work meeting was to run through and

practice the presentation for the community meeting.

Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster,

Jonas Hill, Marlon Skenadore, Clorissa N. Leeman, Grace Elliott, Carolyn Salutz,

Fawn Cottrell, Fawn Billie, Kristal Hill, Maureen Perkins, Lori Webster, Leon

Webster, Larry Barton, Nancy Barton, Daniel Leyo, John E. Powless III, Carol Silva,

Jeanette Ninham, Raeann Skenadore, Gina Powless Buenrostro, Jackie Smith, Rocky

Hill, Carole Liggins, Kaylee Schuyler, Trina Schuyler, Quincy Granquist, Dan

Webster, Marie Cornelius, Barbara Salutz, Carol Elm, Majorie Stevens, Misty

Herzog, Josh, Gerzetich, Ann McCotter, Mitchel Metoxen, Katsi Danforth, Nova

Danforth, Bill Gollnick, Bonnie Pigman, Nadine Escamea, Alyssa Perkins, Emma

King, Dr. Rosa King, Margaret King, Garth Webster, Daniel Doyen, Mark W.

Powless, Kanani Nunies, Ululan Ninies, Beverly DeCoteau, Lexi Sickles, Laura

Manthe, Tina Jorgensen, Stephanie Miscavitch VanEvery, Mark A. Powless Sr., and

others. The Legislative Operating Committee held a community meeting regarding

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the Elder Protection law, the Oneida Language law, and the Higher Education

Scholarship Law.

12/20/23:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore,

Jonas Hill, Kirby Metoxen, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal

Hill, Maureen Perkins. The purpose of this work meeting was to discuss and debrief

the December 6th community meeting – such as what went well, what could be

improved, and the comments and input received.

10/4/24:

Work Meeting. Present: Kelly Mc Andrews, Grace Elliott. The purpose of this

meeting was to provide an opportunity for the OLO to share any concerns or

preferences they might have regarding the elder protection law with the LRO.

10/7/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Tina Jorgensen, Sandra Skenandore, Neoma Orsburn, Maureen Perkins,

Mark Powless, Kelly Mc Andrews, Fawn Billie, Eric Boulanger, Claudia Skenandore,

Carol Liggins, Carrie Lindsey, Jodi Tess, Kristal Hill, Fawn Cottrell, Grace Elliott,

Amber Martinez. The purpose of this meeting was to begin discussions on the

development of Elder/Vulnerable Adult Protection Law for the Nation. Topics

included; identifying what issues the Nation is facing, the intended purpose of the law

and how this law can address the issues.

10/18/24 :

Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Clorissa

Leeman, Carolyn Salutz, Kristal Hill, Fawn Billie, Fawn Cottrell, Maureen Perkins,

Grace Elliott. The purpose of this meeting was to discuss the intended scope of the

Elder Protection law.

11/26/24:

Community Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby

Metoxen, Grace Elliott, Jodi Tess, Eli Metoxen, and eight Oneida elders. The purpose

of this meeting was for the LOC to gather feedback from Oneida elders about what

topics they would like an elder protection law to address.

12/3/24:

Work Meeting. Present: Clorissa Leeman, Tina Jorgenson, Jodi Tess, Kelly

McAndrews, Carrie Lindsey, Eric Boulanger, Eli Metoxen, Fawn Billie, Marlon

Skenandore. The purpose of this meeting was to review reporting sections from

various tribal elder protection laws and discuss which provisions might be appropriate

for Oneida.

1/9/25:

Work Meeting. Present: Clorissa Leeman, Tina Jorgenson, Jodi Tess, Kelly

McAndrews, Carrie Lindsey, Mark Powless, Fawn Billie, Marlon Skenandore. The

purpose of this meeting was to review options for how citations might be addressed

within an elder protection law.

1/17/25:

Work Meeting. Present: Andrea Gage, Grace Elliott. The purpose of this meeting was

to collaborate with the new attorney who has previous legal experience practicing

elder protection law.

2/3/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas

Hill, Clorissa Leeman, Kristal Hill, Maureen Perkins,

Grace Elliott, Carolyn Salutz,

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Fawn Billie. The purpose of this work meeting was to select the topics for the March

5th LOC community meeting. The LOC decided the topics to be discussed should

include Elder Protection law, Indian Preference in Contracting law amendments, and

Hunting, Fishing, and Trapping law amendments.

2/5/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The

purpose of this meeting was to review laws of the Nation as they apply to elder

protection.

2/18/25:

Work Meeting. Present: Tina Jorgensen, Jodi Tess, Shelly Hill, Adriana Chacon,

Carrie Lindsey, Mark Powless, Fawn Billie, Clorissa Leeman, Grace Elliott. The

purpose of this meeting was to review laws of the Nation as they apply to elder

protection.

2/19/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon

Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this

meeting is to consider the infrastructure that may support an elder protection law.

3/5/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Metoxen, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Fawn Billie. The

purpose of this work meeting was to review the PowerPoint presentation for the

March 19th LOC community meeting.

3/19/25:

Community Meeting. Present: The Legislative Operating Committee held a

community meeting in the NHC’s cafeteria from 5:30 p.m. through 7:30 p.m.

regarding the development of an Elder Protection law.

3/27/25:

Work Meeting. Present: Mary Loeffler, Richard Baird, Carrie Lindsey, Layatalati

Hill, Jodi Tess, Andrea Gage, Joyce Johnson, Diane Polzak, Claudia Skenandore,

Barbra Cornelius, Grace Elliott. The purpose of this meeting was to review

information related to investigations conducted based on reports of potential elder

abuse.

4/18/25:

Work Meeting. Present: Kelly McAndrews, Andrea Gage, Grace Elliott. The purpose

of this meeting was to discuss the processes outlined in Oneida Elder Service’s

MOUs with the counties for handling elder abuse investigations.

4/24/25:

Work meeting. Present: Kelly McAndrews, Andrea Gage, Jodi Tess, Grace Elliott.

The purpose of this meeting was to discuss how Oneida is currently handling

investigations into elder abuse and what it might be ideal to include in an Elder

Protection law.

6/6/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon

Skenandore, Kristal Hill, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The

purpose of this meeting is to provide an update to the LOC on the status of the Elder

Protection law.

A good mind. A good heart. A strong fire.

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6/12/25:

Work Meeting. Present: Eric Boulanger, Ronald King, Jodi Tess, Carrie Lindsey,

Andrea Gage, Tina Jorgenson, Kelly McAndrews, Fawn Billie, Grace Elliott. The

purpose of this meeting was to review the investigation section of the Elder

Protection law and discuss how Oneida Aging and Disability might be empowered to

fulfil a more active role. Potential solutions brought forward by the team included

hiring additional staff.

7/29/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby

Metoxen, Marlon Skenandore, Tina Jorgensen, Mark Powless, Eric Boulanger,

Andrea Gage, Carrie Lindsey, Jodi Tess, Grace Elliott. The purpose of this meeting

was to discuss multidisciplinary teams and confidentiality.

10/8/25:

Work Meeting. Present: Tina Jorgenson, Jodi Tess, Breanna Phillips, Grace Elliott.

The purpose of this meeting was to discuss the roles stakeholders would like to see

Oneida Aging and Disability and county partners to play in the elder protection

process.

11/5/25:

Work Meeting. Present: Tina Jorgenson, Carrie Lindsey, Jodi Tess, Breanna Phillips,

Grace Elliott, Mark Powless. The purpose of this meeting was to review the draft of

elder protection law.

11/21/25:

Work Meeting. Present: Grace Elliott, Kelly McAndrews. The purpose of this meeting

was to review any questions, concerns, or suggestions from the law office regarding

the draft elder protection law.

12/1/25:

Work Meeting. Present: Jameson Wilson, Tina Jorgenson, Carrie Lindsey, Jodi Tess,

Breanna Phillips, Grace Elliott, Mark Powless. The purpose of this meeting was to

review the draft of elder protection law.

12/16/25:

Work Meeting. Present: Grace Elliott, Amber Martinez, ONCOA. The purpose of this

meeting was for the drafting attorney to provide an update on the development of the

Elder Protection Law to ONCOA and listen to any feedback they had. ONCOA

expressed strong support for the draft law.

1/26/26:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Mark

Powless, Carrie Lindsey, Eric Boulanger, Tina Jorgenson, Jodi Tess, Breanna

Phillips, Kristal Hill, Fawn Cottrell. The purpose of this meeting was to complete a

final readthrough of the draft elder protection law and review next steps which

include reviewing scenarios for process next Monday, sharing the draft with

ONCOA, and presenting the draft to the LOC for initial approval at the next

scheduled LOC meeting.

2/2/26:

Work Meeting. Present: Tina Jorgenson, Jodi Tess, Mark Powless, Ronald King, Joel

Maxam, Grace Elliott. The purpose of this meeting was to review hypothetical elder

protection scenarios against the draft Elder Protection law.

2/4/26 LOC: Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman, Carolyn

Salutz, Grace Elliott. Motion by Jennifer Webster to approve the draft of the Elder

A good mind. A good heart. A strong fire.

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Protection law with noted change, and direct that a legislative analysis be completed;

seconded by Kirby Metoxen. Motion carried unanimously.

Next Steps:

▪ Accept the draft Elder Protection law legislative analysis.

▪ Approve the public meeting packet for the Elder Protection law and schedule a public meeting

to be held on April 16, 2026.

A good mind. A good heart. A strong fire.

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ONEIDA

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ONEIDA NATION PUBLIC MEETING NOTICE

THURSDAY April 16 2026, 12:15 pm

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

Find Public Meeting Materials at

Oneida-nsn.gov/government/register/public meetings

Send Public Comments to

LOC@oneidanation.org

Ask Questions here

LOC@oneidanation.org

920-869-4417

ELDER PROTECTION LAW

The purpose of the Elder Protection law is to uphold the Nation’s responsibility to honor and

protect its elders. This law establishes a process to safeguard elders from harm, including

abuse, neglect, self-neglect, and exploitation.

The Elder Protection law will:

 Establish a comprehensive framework to prevent, identify, report, investigate, and respond to elder abuse, neglect, self-neglect, and financial exploitation.

 Establish an Interdisciplinary Team composed of multiple Nation departments to coordinate case review, guide investigations, recommend actions, promote cooperation, and

identify resources.

 Create a duty to report by requiring any person with knowledge or reasonable suspicion

of abuse, neglect, self‑neglect, or exploitation of an elder to report immediately to Aging & Disability Services or the Oneida Police Department.

 Protect confidentiality and records. Departmental report forms and investigative records

are confidential and may only be disclosed under limited circumstances, such as to the

elder, suspect, service providers, law enforcement, auditors, and through court order.

 Create a broad class of mandated reporters, including family, caretakers, elected officials, employees, healthcare workers, mental health professionals, social workers, law

enforcement, judicial staff, and fiduciaries.

 Establish civil penalties:

 A mandated reporter who fails to report may be fined up to $2,000.

 Anyone who knowingly files a false report may be fined up to $2,000.

 Anyone who interferes with an investigation or retaliates

against a reporter may be fined up to $2,000 per occurrence.

 Provide investigation procedures requirements including that they

must begin promptly and include required steps such as:

 Visiting the elder’s residence; Observing the elder; Conducting interviews; Reviewing healthcare and financial records; Interviewing guardians/caregivers; Requesting

law‑enforcement assistance; and offering or arranging needed services .

Individuals may attend the public meeting for the proposed Elder Protection law in person at

the Norbert Hill Center, or virtually through Microsoft Teams. If you wish to attend the public

meeting through Microsoft Teams please contact LOC@oneidanation.org.

PUBLIC COMMENT PERIOD CLOSES THURSDAY APRIL 23, 2026

During the public comment period, anyone may submit written comments, questions or input.

Comments may be submitted to the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.

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Analysis to Draft 1

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ELDER PROTECTION LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Legislation or

Amendments

Analysis by the Legislative Reference Office

▪ Provide definitions to form the foundation for consistent enforcement.

[7 O.C. 706.1-3].

▪ Establish a comprehensive framework to prevent, identify, report,

investigate, and respond to elder abuse, neglect, self-neglect, and

financial exploitation. [7 O.C. 706.1-1(a)–(c)].

▪ Establish an Interdisciplinary Team composed of multiple Nation

departments to coordinate case review, guide investigations, recommend

actions, promote cooperation, and identify resources. [7 O.C. 706.4-1;

706.4-5].

▪ Establish a duty to report suspected elder abuse, neglect, and

exploitation. The law requires any person with knowledge or reasonable

suspicion of abuse, neglect, self-neglect, or exploitation of an elder to

report immediately to Aging & Disability Services or the Oneida Police

Department. [7 O.C. 706.5-2].

▪ Create a broad class of mandated reporters, including family, caretakers,

elected officials, employees, healthcare workers, mental health

professionals, social workers, law enforcement, judicial staff, and

fiduciaries. [7 O.C. 706.5-2(a)–(d)].

▪ Good-faith reporters receive immunity. [7 O.C. 706.5-4].

▪ Non-mandated reporters may remain anonymous. [7 O.C.

706.5-3].

▪ Establish civil penalties:

▪ A mandated reporter who fails to report may be fined up to

$2,000. [7 O.C. 706.5-5(a)].

▪ Anyone who knowingly files a false report may be fined up to

$2,000. [7 O.C. 706.5-6(a)].

▪ Anyone who interferes with an investigation or retaliates against

a reporter may be fined up to $2,000 per occurrence. [7 O.C.

706.6-9(c)].

▪ Provide investigation procedures requirements including that they must

begin promptly and include required steps such as:

▪ Visiting the elder’s residence;

▪ Observing the elder;

▪ Conducting interviews;

▪ Reviewing healthcare and financial records;

▪ Interviewing guardians/caregivers;

▪ Requesting law-enforcement assistance;

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Analysis to Draft 1

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▪

Purpose

Affected Entities

Related Legislation

Enforcement

Offering or arranging needed services.

[7 O.C. 706.6-1; 706.6-2; 706.6-4; 706.6-5].

▪ Authorize medical examinations under specified consent conditions or

by court order. [7 O.C. 706.6-3].

▪ Authorize emergency protective actions, including protective placement,

may be taken when necessary. [7 O.C. 706.6-6].

▪ Protect confidentiality and records. Departmental report forms and

investigative records are confidential and may only be disclosed under

limited circumstances, such as to the elder, suspect, service providers,

law enforcement, auditors, and through court order. [7 O.C.

706.6-7(a)–(i)].

▪ Provide that records must be retained for five years. [7 O.C.

706.6-8(c)].

▪ Affirm elders’ rights to:

▪ Notice of an investigation unless emergency conditions exist. [7

O.C. 706.7-1(a)].

▪ Refuse services if they have capacity. [7 O.C. 706.7-1(b)].

▪ Protect their property rights, including the right to deny entry. [7

O.C. 706.7-1(c)–(d)].

▪ Representation by counsel at their own expense. [7 O.C.

706.7-1(e)].

▪ Provide for rights of the accused to refuse services for themselves, refuse

entry (subject to warrant), and obtain counsel at their own expense. [7

O.C. 706.7-2(a)–(c)].

▪ Grant the Oneida Trial Court jurisdiction over all actions under this law.

[7 O.C. 706.8-1]. Personal jurisdiction extends to members of the Nation

and Nation employees. [7 O.C. 706.8-1].

The purpose of the Elder Protection law is to uphold the Nation’s

responsibility to honor and protect its elders. This law establishes a

comprehensive framework to prevent, identify, report, investigate, and

respond to elder abuse, neglect, self-neglect, and financial exploitation and

affirms the Nation’s cultural responsibility to honor, respect, and preserve

elder wellbeing. [7 O.C. 706.1-1; 706.1-2].

Comprehensive Health Division, Aging and Disability, Oneida Police

Department, Oneida Judiciary, Oneida Law Office, Comprehensive

Housing, Family Services.

Judiciary law, Oneida Judiciary Rules of Civil Procedure, Public Peace law.

The Oneida Trial Court has jurisdiction over all actions under this law. [7

O.C. 706.8-1].

▪ A mandated reporter who fails to report may be fined up to $2,000. [7

O.C. 706.5-5(a)].

▪ Anyone who knowingly files a false report may be fined up to $2,000.

[7 O.C. 706.5-6(a)].

▪ Anyone who interferes with an investigation or retaliates against a

reporter may be fined up to $2,000 per occurrence. [7 O.C. 706.6-9(c)].

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Analysis to Draft 1

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Due Process

Public Meeting

Fiscal Impact

An accused person may refuse services for themselves, refuse entry (subject

to warrant), and obtain counsel at their own expense. [7 O.C. 706.7-2(a)–

(c)].

An elder has the right to:

▪ Notice of an investigation unless emergency conditions exist. [7 O.C.

706.7-1(a)].

▪ Refuse services if they have capacity. [7 O.C. 706.7-1(b)].

▪ Protect their property rights, including the right to deny entry. [7

O.C. 706.7-1(c)–(d)].

▪ Representation by counsel at their own expense. [7 O.C. 706.7-1(e)].

Penalties require petition, notice, hearing, and determination by the Court.

[7 O.C. 706.5-5(b)–(c); 706.5-6(b)–(c); 706.6-9(c)].

A public meeting has not yet been held.

A fiscal impact statement prepared in accordance with the Legislative

Procedures Act has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Elder Protection law is a new addition to the Oneida Nation Code of Laws.

B. Request for Amendments. The Elder Protection law was added to the AFL in January 2023

by request of the Governmental Services Division Director for the purpose of developing a

law which would protect elders of the Oneida community from abuse, neglect, and

exploitation.

SECTION 3. CONSULTATION AND OUTREACH

▪

•

Representatives from the following departments or entities participated in the development of

the amendments to this Law and legislative analysis:

▪ Oneida Law Office;

▪ Oneida Police Department;

▪ Oneida Judiciary;

▪ Comprehensive Health Division;

▪ Government Administration Office;

▪ Oneida Nation Commission on Aging (ONCOA);

▪ Aging and Disability; and

▪ General Manager.

The following laws of the Nation were reviewed in the drafting of this analysis:

▪ Public Peace law;

▪ Citations;

▪ Judiciary law; and

▪ Oneida Judiciary Rules of Civil Procedure.

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Analysis to Draft 1

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SECTION 4. PROCESS

A. The amendments to this Law comply with the process set forth in the Legislative Procedures

Act.

▪ On October 4, 2023, the Legislative Operating Committee added this Law to its Active

Files List for amendments.

▪ On February 4, 2026 the LOC approved the draft of the Elder Protection law, with the

noted change, and directed that a legislative analysis be completed.

At the time this legislative analysis was developed the following work meetings had been held

regarding the development of the amendments to this law:

▪ November 27, 2023: LOC work session.

▪ December 6, 2023: LOC work session.

▪ December 6, 2023: Community Meeting.

▪ December 20, 2023: LOC work session.

▪ October 4, 2024: LRO work session with Oneida Law Office.

▪ October 7, 2024: LOC work session with ONCOA, CEO, Aging and Disability, and

GAO.

▪ October 18, 2024: LOC work session.

▪ November 26, 2024: LOC work session at elder meal site with Aging and Disability,

and community members.

▪ December 3, 2024: LOC work session with Aging and Disability, Oneida Police

Department, Comprehensive Health Division, and Oneida Law Office.

▪ January 9, 2025: LOC work session with Aging and Disability, CEO, Comprehensive

Health Division, and Oneida Law Office.

▪ January 17, 2025: LRO and Oneida Law Office work session.

▪ February 3, 2025: LOC work session.

▪ February 5, 2025: LOC work session.

▪ February 18, 2025: LRO, Comprehensive Health, Aging and Disability, CEO and

Family Services work session.

▪ February 19, 2025: LOC work session.

▪ March 5, 2025: LOC work session.

▪ March 19, 2025: Community meeting.

▪ March 27, 2025: LOC work session with ONCOA and community members.

▪ April 18, 2025: LRO and Oneida Law Office work session.

▪ April 24, 2025: LRO and Oneida Law Office work session.

▪ June 6, 2025:LOC work session.

▪ June 12, 2025: LOC work session with Aging and Disability, CEO, Comprehensive

Health Division, Oneida Police Department, and Oneida Law Office.

▪ July 29, 2025: LOC work session with Aging and Disability, CEO, Comprehensive

Health Division, Oneida Police Department, and Oneida Law Office.

▪ October 8, 2025: LRO and Aging and Disability work session.

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Analysis to Draft 1

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▪

November 5, 2025: LRO, Aging and Disability, Comprehensive Health, and CEO

work session.

November 21, 2025: LRO and Oneida Law Office work session.

December 1, 2025: LOC work session with Aging and Disability, CEO, and

Comprehensive Health Division.

December 18, 2025:LRO, ONCOA and GAO work session.

January 26, 2026: LOC work session with Aging and Disability, CEO, Comprehensive

Health Division, and Oneida Police Department.

SECTION 5. CONTENTS OF THE LEGISLATION

▪

Definitions. The Law provides detailed definitions for abuse types (physical, emotional,

sexual), financial exploitation, neglect, self-neglect, caregiver, elder-adult-at-risk,

investigative agency, record, bodily harm, retaliation, and other key terms. [7 O.C. 706.3].

▪ Effect. Establishing a precise set of definitions ensures consistent interpretation

across agencies, strengthens enforceability, and minimizes legal ambiguity. Clear

terminology also enhances training, reporting accuracy, and coordinated responses

among investigative agencies and service providers.

Interdisciplinary Team (IDT). The Law creates an Interdisciplinary Team composed of

representatives from Aging & Disability Services, OPD, Health, Behavioral Health, Law

Office, Community Resource and Economic Support, Housing, Family Services, and

others as designated. [7 O.C. 706.4-1]. The Team is responsible for coordinating

investigations, reviewing reports, recommending services or protective actions,

determining the need for legal action, advising on placement decisions, identifying

resources, and fostering multi-agency cooperation. [7 O.C. 706.4-5]. The Law imposes

strict confidentiality, a HIPAA threat-prevention exception, a minimum-necessary

standard, selective participation, and a prohibition on redisclosure. [7 O.C. 706.4-2].

▪ Effect. The IDT brings together subject-matter experts to ensure holistic, culturally

grounded, and coordinated responses to elder mistreatment. The confidentiality

framework protects sensitive information while enabling essential information

sharing. This integrated approach enhances investigative quality, reduces

fragmentation, and ensures elders receive consistent, effective support.

Reporting Requirements. Any person with knowledge or reasonable cause to suspect

abuse, neglect, self-neglect, or exploitation must report immediately. [7 O.C. 706.5-1].

The Law identifies broad categories of mandated reporters, including family members,

caretakers, elected officials, employees of the Nation (including health, mental health,

legal, and judicial personnel), and fiduciaries. [7 O.C. 706.5-2]. Non-mandated reporters

may remain anonymous. [7 O.C. 706.5-3]. Reporters acting in good faith are immune

from liability. [7 O.C. 706.5-4].

▪ Effect. The universal duty to report ensures that concerns are identified early, while

mandatory reporting by key professionals increases accountability and detection of

▪

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▪

high-risk situations. Immunity provisions encourage reporting without fear of

retaliation. This structure significantly enhances the Nation’s ability to intervene

promptly and protect vulnerable elders.

Penalties for Failure to Report and False Reporting. Mandated reporters who fail to report

may face civil penalties up to $2,000. [7 O.C. 706.5-5]. Individuals who knowingly file false

reports may face civil penalties up to $2,000. [7 O.C. 706.5-6].

▪ Effect. These provisions strengthen accountability by deterring both negligence and

malicious misuse of the reporting system. Penalties promote integrity in reporting and

ensure that the system remains focused on elder safety rather than misinformed or

retaliatory allegations.

Investigation Procedures. The Law outlines minimum investigative actions, including home

visits, observation of the elder, private interviews, review of healthcare and financial records,

and interviews with guardians or caregivers. [7 O.C. 706.6-2]. It authorizes medical

examinations under specific consent standards and includes protections when the suspected

abuser is a guardian or agent. [7 O.C. 706.6-3]. Investigators may request law enforcement

assistance during residence visits or as needed. [7 O.C. 706.6-4]. The Law allows emergency

protective action, including protective placement. [7 O.C. 706.6-6]. Confidentiality

requirements restrict access to investigative records, with limited exceptions. [7 O.C.

706.6-7]. Written investigative reports must be retained for five (5) years. [7 O.C. 706.6-8]

Interference with or retaliation against investigators or reporters is prohibited and subject to

civil penalties. [7 O.C. 706.6-9].

▪ Effect. Clear, detailed investigative procedures promote thorough, timely, and consistent

responses to elder risk. The ability to access records, coordinate with law enforcement, and

take emergency protective action ensures that investigators can protect elders quickly and

effectively. Strong confidentiality rules protect sensitive information and reinforce trust in

the system.

Rights of Elders. Elders have the right to be notified of investigations (except during

emergencies), to refuse services if they have capacity, to control access to their property, to

deny entry to investigators (subject to warrants), and to be represented by counsel at their own

expense. [7 O.C. 706.7-1].

▪ Effect. These rights preserve elder autonomy and self-determination, ensuring that

interventions respect elders’ dignity and legal protections. By safeguarding property rights

and establishing clear procedures for entry, the Law reinforces due process while balancing

safety needs.

Rights of the Accused. Accused individuals may refuse services for themselves, deny entry to

investigators (subject to a warrant), and retain legal counsel at their own expense. [7 O.C.

706.7-2].

▪ Effect. These provisions uphold fairness, reinforce due process, and prevent unlawful

intrusions while maintaining protections for elders. They ensure that the investigation

process respects individual rights without impeding protective actions required for

elder safety

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▪

Jurisdiction. The Oneida Trial Court has jurisdiction over actions brought under the Law,

including review of penalties, hearings, and protective orders. Personal jurisdiction is

established for Nation members and employees. [7 O.C. 706.8-1].

▪ Effect. Centralizing jurisdiction within the Trial Court ensures consistent judicial

oversight, clear enforcement mechanisms, and streamlined legal processes. This

promotes uniform application of elder-protection standards and enhances legal

clarity.

SECTION 6. EXISTING LEGISLATION

A. Related legislation. The following laws of the Nation are related to the proposed

amendments to this Law:

▪ Public Peace Law. The Public Peace Law establishes community standards intended to

preserve peace, harmony, safety, health, and general welfare within the Reservation [3

O.C. 309.1-1], with a stated policy goal of promoting peace and order through an orderly

civil-infraction process [3 O.C. 309.1-2]. Within this framework, the law provides direct

elder-abuse protections by defining and prohibiting civil infractions that harm “elders at

risk,” including individuals age 55 or older who have experienced—or are at risk of—

abuse, neglect, self-neglect, or financial exploitation [3 O.C. 309.3-1(g)]. It establishes

substantive offenses such as assault [3 O.C. 309.8-1], harassment [3 O.C. 309.8-2], and

abuse of individuals at risk, including physical, emotional, and sexual abuse, confinement,

financial exploitation, and deprivation of basic needs [3 O.C. 309.8-3; 309.8-3(e)]. The

law also authorizes the Oneida Police Department to investigate and issue citations for

these violations, giving OPD essential enforcement authority to intervene in cases of elder

abuse [3 O.C. 309.4-3].

▪ In contrast to the Public Peace Law’s substantive offenses, the Elder Protection

Law provides the procedural framework necessary to respond to suspected elder

abuse. It mandates reporting of abuse or neglect concerns [7 O.C. 706.5-2],

imposes civil penalties for failing to report or making false reports [7 O.C. 706.55; 706.5-6], and establishes minimum investigative requirements such as home

visits, private interviews, record reviews, and coordination with law enforcement

[7 O.C. 706.6-2; 706.6-4]. The Elder Protection Law further authorizes

emergency protective actions including temporary protective placement [7 O.C.

706.6-6] ensures confidentiality of investigative records [7 O.C. 706.6-7], and

creates the Interdisciplinary Team (IDT), a multi-agency group that coordinates

supportive interventions across aging services, police, health, housing, behavioral

health, legal services, and community resources [7 O.C. 706.4-1; 706.4-5].

Together, these laws operate as an integrated system: the Public Peace Law

addresses the harmful act itself, such as assault [3 O.C. 309.8-1], financial

exploitation [3 O.C. 309.8-3(e)], or confinement [3 O.C. 309.8-3(d)] while the

Elder Protection Law triggers reporting, investigation, IDT coordination, and

protective placement when necessary [7 O.C. 706.5; 706.6; 706.4]. This

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▪

coordinated structure enables OPD to enforce violations while the IDT

simultaneously safeguards an elder’s well-being, resulting in protection both

before harm occurs, through early intervention, and after harm occurs through

enforcement, penalties, and protective services.

Citation Law. The Citations Law establishes the Nation’s formal process for issuing and

adjudicating civil citations, defining a citation as the legal instrument that initiates a civil

action for collecting a fine or penalty for violations of Nation law [8 O.C. 807.1-1;

807.4-1]. Officers, including the Oneida Police Department, may issue citations when a

law expressly authorizes civil penalties [8 O.C. 807.4-2; 807.3-1(h)]. This framework

becomes directly relevant under the Elder Protection Law because that law creates

enforceable civil penalties for failing to report suspected elder abuse, knowingly making

false reports, interfering with an investigation, and engaging in retaliation—each subject

to fines up to $2,000 per violation [7 O.C. 706.5-5; 706.5-6; 706.6-9]. Since the Citations

Law governs how civil penalties are issued, served, amended, heard, and enforced—

including personal service, mail service, publication service, default judgments, and

post-judgment remedies such as garnishment [8 O.C. 807.4-4; 807.6; 807.4-3(h)] any civil

penalty embedded in the Elder Protection Law must be processed through the citation

system. Thus, the Citations Law supplies the enforcement mechanism for the Elder

Protection Law’s penalty provisions.

▪ The Elder Protection Law’s penalty and enforcement structure relies on the

citation process to ensure compliance and accountability. When a mandated

reporter fails to report abuse, makes a knowingly false report, or interferes with or

retaliates against an investigator, those violations must be enforced by issuance of

a citation under Chapter 807, triggering a civil action in the Judiciary for the

collection of fines [8 O.C. 807.4-1; 807.4-2]. OPD, already expressly empowered

to investigate elder-abuse allegations under the Elder Protection Law [7 O.C.

706.4-4; 706.6-4] also functions as the authorized issuing agency for citations

under the Citations Law. Once a citation is issued, all procedural aspects follow

Chapter 807 requirements, including notice, service, pre-hearing rights, plea

options, stipulations, hearings, burdens of proof (clear and convincing evidence),

and remedies for non-payment such as wage or per-capita garnishment and

suspension of rights or privileges [8 O.C. 807.4-4; 807.6-1; 807.6-2; 807.4-3(h)].

In this way, the Elder Protection Law creates the underlying violations, while the

Citations Law provides the procedural and enforcement mechanism necessary to

give those violations legal effect.

Oneida Judiciary Rules of Civil Procedure. The Judiciary Rules of Civil Procedure in

Chapter 803 govern all civil actions under the Nation’s jurisdiction and ensure consistent

procedural requirements for filing, service, hearings, motions, discovery, and appeals [8

O.C. 803.1-1; 803.4; 803.5–803.7]. Because the Elder Protection Law authorizes a

variety of court-based actions, including petitions for protective placement, access orders,

enforcement of investigation rights, and court review of substantiated abuse cases [7 O.C.

706.6-6; 706.7; 706.8] these matters fall squarely under Chapter 803 procedural

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requirements. This means that all Elder Protection Law proceedings must comply with

Chapter 803’s rules on service of process, pleadings, pretrial meetings, motions, hearing

procedure, standards of proof (preponderance unless another standard applies), and the

rights of litigants to present evidence, request discovery, and engage in motion practice

[8 O.C. 803.4-8; 803.7; 803.12; 803.38]. Chapter 803 therefore provides the legal

infrastructure that governs how elder-protection cases move through the court system.

▪ Actions arising under the Elder Protection Law, such as protective placement

petitions, requests to compel access to an elder, initiated by Aging & Disability or

the Oneida Law Office activate the full range of civil-procedure requirements

found in Chapter 803. For example, elder-protection cases must follow the rules

governing summons and complaint, service deadlines, responsive pleadings,

amended pleadings, and pretrial scheduling [8 O.C. 803.5; 803.7; 803.12].

Discovery rights apply to contested elder-protection matters, permitting

interrogatories, document requests, depositions, and motions to compel, subject to

the protective-order and confidentiality limitations set by both Chapter 803 and

the Elder Protection Law’s strict confidentiality provisions [8 O.C. 803.14-6; 7

O.C. 706.6-7]. When respondents violate court orders issued under the Elder

Protection Law, such as access orders, service plans, or protective-placement

directives, the Trial Court may use its civil-procedure enforcement powers,

including contempt sanctions, fines, injunctions, wage or benefit garnishment, and

other enforcement mechanisms [8 O.C. 803.26; 803.31–803.35]. In this way, the

Elder Protection Law defines the substantive protections for elders, while the

Judiciary Rules of Civil Procedure provide the procedural tools necessary to

adjudicate, enforce, and uphold those protections.

SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

A. Authority of the Interdisciplinary Team: The Elder Protection law authorizes the

Interdisciplinary Team to coordinate investigations, recommend protective actions, and advise

the Court when legal intervention is necessary. The Team may request assistance from the

Oneida Police Department and other investigative agencies as needed to carry out its

responsibilities. [7 O.C. 706.4-4 and 706.4-5].

B. Investigation and Protective Authority: Investigative agencies, including Oneida Aging and

Disability Services and law enforcement, are authorized to conduct visits, interviews, review

records, and take other lawful actions necessary to investigate alleged elder abuse, neglect,

self-neglect, or exploitation. Agencies may also request court orders, including warrants,

emergency protective placements, or medical examinations when required to ensure an elder’s

safety. [7 O.C. 706.6-1 through 706.6-6].

C. Issuance Citations and Civil Penalties: Any person who violates a provision of this law may

be subject to civil penalties issued through the Oneida Trial Court. [7 O.C. 706.5-5, 706.5-6,

706.6-9.].

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D. Enforcement of Court Orders: Any lawful order of the Oneida Trial Court issued under this

law—including orders for access, services, protective placement, or prohibition of

interference—may be enforced by the Oneida Police Department or another authorized

investigative agency. Enforcement actions may include taking reasonable steps necessary to

prevent continued harm to an elder. [7 O.C. 706.6-9].

E. Law Enforcement Authority: The Oneida Police Department is authorized to take any lawful

and necessary action to prevent, mitigate, or respond to violations of this law, including

providing investigative support, ensuring scene safety, enforcing court orders, and

coordinating with Aging and Disability Services during protective interventions. [7 O.C.

706.6-4.].

F. Employment and Licensening Accountability: If the Court determines that an employee of

the Nation or a credentialed professional has violated this law through interference, or

retaliation—the Court shall provide notice of the determination to the person’s employer and

any relevant licensing or regulatory agencies. Employment-related discipline shall be imposed

consistent with the Nation’s employment laws. [7 O.C. 706.6-9(d)].

G. Recordkeeping and Compliance: Aging and Disability Services, the Interdisciplinary Team,

and all investigative agencies must maintain records in accordance with confidentiality

standards in this law. Unauthorized disclosure of confidential information may be addressed

through administrative discipline, civil penalties, or court action consistent with applicable

Nation law. [7 O.C. 706.4-2 and 706.6-7].

SECTION 8. OTHER CONSIDERATIONS

Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee

resolution BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the

Legislative Procedures Act,” provides further clarification on who the Legislative Operating

Committee may direct complete a fiscal impact statement at various stages of the legislative

process, as well as timeframes for completing the fiscal impact statement.

▪ Conclusion. The Legislative Operating Committee has not yet directed that a fiscal

impact be completed.

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Title 7. Children, Elders & Family - Chapter 706

ELDER PROTECTION

706.1. Purpose and Policy

706.2. Adoption, Amendment, Repeal

706.3. Definitions

706.4. Interdisciplinary Team

706.5. Reporting

706.6. Investigation

706.7. Rights of Parties

706.8. Jurisdiction

706.1. Purpose and Policy

706.1-1. Purpose. The purpose of this law is to uphold the Nation’s responsibility to honor and

protect its elders. This law establishes a process to safeguard elders from harm, including abuse,

neglect, self-neglect, and exploitation. This process includes:

(a) reporting concerns of abuse, neglect, self-neglect, and exploitation of elders;

(b) investigating reports to ensure the safety and well-being of elders; and

self-neglect, and exploitation.

706.1-2. Policy. It is the policy of the Nation to honor, respect, and protect its elders. The Nation

recognizes that elders possess unique and irreplaceable stores of knowledge, skill, and experience

that enhance and enrich the lives of the entire Nation. The interests of the Nation, now and in the

future, are advanced when its elders are confident that they are protected from abuse, neglect, selfneglect, and exploitation. In honoring these principles, the Nation embraces Yukwats$stay< the

fire, the animating spirit within each of us as a reminder that protecting our elders is an

expression of who we are as a People and a reflection of The Good Mind we strive to uphold

as expressed by On<yote>a=ka, which includes:

(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.

(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.

(d) Ka>tshatst^sla. The strength of belief and vision as a People.

(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.

(f) Twahwahts$lay<. All of us are family.

(g) Yukwats$stay<. Our fire, our spirit within each one of us.

706.2. Adoption, Amendment, Repeal

706.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

706.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

706.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

706.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

706.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

706.3. Definitions

706.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Abuse” means any of the following:

(1) Physical abuse.

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(2) Emotional abuse.

(3) Sexual abuse.

(4) Treatment without consent.

(5) Unreasonable confinement or restraint.

(b) “Bodily harm” means physical pain or injury, illness, or any impairment of physical

condition.

individual’s care voluntarily, by contract, or by agreement, including a person acting or

claiming to act as a legal guardian.

(d) “Case management” means an assessment of need for direct services, development of

a direct service plan and coordination and monitoring of the provision of direct services.

(e) “Departmental report form” includes documentation of an elder-adult-at-risk agency’s

response to or investigation of a report and is the information required to be submitted to

the department.

(f) “Direct services” includes temporary shelter, relocation assistance, housing, respite

care, emergency funds for food and clothing and legal assistance.

(g) “Elder-at-risk” means any person aged Fifty-Five (55) or older who has experienced, is

currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial

exploitation.

(h) “Elder-adult-at-risk agency” means Oneida Aging and Disability, or an agency

designated by the county board of supervisors to receive, respond to, and investigate reports

of abuse, neglect, self-neglect, and financial exploitation.

(i) “Emotional abuse” means language or behavior that serves no legitimate purpose and is

intended to be intimidating, humiliating, threatening, frightening, or otherwise harassing,

and that does or reasonably could intimidate, humiliate, threaten, frighten, or otherwise

harass the individual to whom the conduct or language is directed.

(j) “Financial exploitation” means any of the following:

(1) Obtaining an individual’s money or property by deceiving or enticing the

individual, or by forcing, compelling, or coercing the individual to give, sell at less

than fair market value, or in other ways convey money or property against his or

her will without his or her informed consent.

(2) Theft.

(3) The substantial failure or neglect of a fiscal agent to fulfill his or her

responsibilities.

(4) Unauthorized use of an individual’s personal identifying information or

documents.

(5) Unauthorized use of an entity’s identifying information or documents.

(6) Forgery.

(7) Financial transaction card crimes.

(k) “Investigative agency” means Oneida Aging and Disability, a law enforcement or a

city, town, village, county, or state governmental agency or unit with functions relating to

protecting health, welfare, safety, or property, including an agency concerned with animal

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protection, public health, building code enforcement, consumer protection, or insurance or

financial institution regulation.

(l) “Nation” means the Oneida Nation.

(m) “Neglect” means the failure of a caregiver, as evidenced by an act, omission, or course

of conduct, to endeavor to secure or maintain adequate care, services, or supervision for an

individual, including food, clothing, shelter, or physical or mental health care, and creating

significant risk or danger to the individual’s physical or mental health. “Neglect” does not

include a decision that is made to not seek medical care for an individual, if that decision

is consistent with the individual’s previously executed declaration or do-not-resuscitate

order as authorized by law.

(n) “Physical abuse” means the intentional or reckless infliction of bodily harm.

(o) “Record” includes any document relating to the response, investigation, assessment,

and disposition of a report made under this law.

(p) “Self-neglect” means a significant danger to an individual’s physical or mental health

because the individual is responsible for his or her own care but fails to obtain adequate

care, including food, shelter, clothing, or medical or dental care.

(q) “Sexual abuse” means a violation of Wisc. Stat. 940.225(1), (2), (3), or (3m).

(r) “Treatment without consent” means the administration of medication to an individual

who has not provided informed consent, or the performance of psychosurgery,

electroconvulsive therapy, or experimental research on an individual who has not provided

informed consent, with the knowledge that no lawful authority exists for the administration

or performance.

(s) “Unreasonable confinement or restraint” includes the intentional and unreasonable

confinement of an individual in a locked room, involuntary separation of an individual

from his or her living area, use on an individual of physical restraining devices, or the

provision of unnecessary or excessive medication to an individual, but does not include the

use of these methods or devices in entities regulated by the department if the methods or

devices are employed in conformance with state and federal standards governing

confinement and restraint.

(t) “Retaliation” means intimidating, threatening to cause or causing bodily, emotional,

property, or financial harm.

706.4. Interdisciplinary Team

706.4-1. Composition. The Interdisciplinary Team consists of representatives from Aging and

Disability Services, Oneida Police Department, Comprehensive Health Division, Oneida

Behavioral Health, Oneida Law Office, Oneida Community Resource and Economic Support,

Comprehensive Housing Department, Oneida Family Services, and any additional agencies

designated by the Team as necessary to fulfill its duties.

706.4-2. Confidentiality. All members of the Interdisciplinary Team shall maintain strict

confidentiality regarding all matters that come before the team. No member may disclose any

information except as expressly authorized under this law.

(a) Purpose-Based Disclosure. Members may use or disclose confidential information

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only as necessary to perform duties under this law, including prevention, identification,

investigation, or mitigation of elder abuse, neglect, exploitation, or self-neglect.

(b) HIPAA Exception for Harm Prevention. When a member is subject to HIPAA, the

member may share protected health information with the Team under the exception

permitting disclosure to prevent or lessen a serious and imminent threat to the health or

safety, provided that:

(1) the disclosure is made in good faith to prevent or address abuse, neglect, or

exploitation; and

(2) the disclosure is limited to persons reasonably able to prevent or mitigate the

threatened harm, including members of the Interdisciplinary Team acting within

their authority under this law.

information necessary for the Team to perform its duties.

(d) Selective Participation. Only members whose roles are relevant to a specific case

shall access confidential information for that case.

(e) Redisclosure Prohibited. Information received through the Team may not be further

disclosed except as required to perform professional duties related to the case or as

otherwise authorized by law.

(f) Conflict of Interest. Members with a personal conflict, familial relationship, or other

circumstance that may compromise confidentiality, or objectivity shall recuse

themselves from case discussions.

706.4-3. Reporting to Licensing Agencies. The Team may report to a licensing agency any

concerns that a regulated person has failed to comply with mandatory reporting requirements under

this law or has abused or neglected an elder. The Team may also report concerns to the person’s

employer.

706.4-4. Law Enforcement Assistance. The Team may request assistance from the Oneida Police

Department in investigating allegations of elder abuse or neglect and shall notify the Department

of any allegations of criminal abuse or neglect.

706.4-5. Duties: The Team shall meet periodically and:

(a) guide investigations of reported elder abuse;

(b) review reports from adult protection workers and determine whether an Oneida elder is

in danger of harm;

elders;

(d) determine whether a legal action should be initiated by the Nation;

(e) determine whether an elder should be removed from the person’s home temporarily or

permanently;

(f) recommend placement options when an elder cannot remain in their home;

(g) identify available community resources, programs, and services;

(h) promote cooperation, communication, and consistency between agencies;

(i) assist in developing and implementing plans to promote the long-term wellbeing of

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elders and their families.

706.4-6. Decision-Making. Decisions shall be made by consensus of members present at a duly

noticed meeting.

706.4-7. Notice of Meetings. Notice of regularly scheduled meetings is presumed complete upon

scheduling. Notice of emergency meetings shall be provided at least twenty-four (24) hours in

advance by email, text, or phone call/voicemail.

706.4-8. Family and Community Engagement. The Team shall prioritize resolving issues of abuse

or neglect through family and community assistance and may convene meetings with designated

family and community members for this purpose.

706.4-9. Funding Authority. The Team may solicit and accept grants or funds from federal, state,

tribal, and local governments and private sources to further the purposes of this law.

706.4-10. Administrative Support. Aging and Disability Services shall serve as the Team’s primary

contact, organize meetings, and maintain records.

706.4-11. Subject Matter Experts. The Team may engage subject matter experts from any entity

necessary to access resources required to fulfill its duties.

706.5. Reporting

706.5-1. Duty to Report. Any person who knows or has reasonable cause to suspect that an elder

is being or has been abused, neglected, self-neglected, or exploited shall immediately report the

information to the Director or designee of Oneida Aging and Disability Services, unless prohibited

by a legally recognized privilege. Individuals bound by a privileged relationship may only make

an anonymous disclosure if there is an urgent need for hospitalization, guardianship, protective

services, or protective placement.

706.5-2. Mandated Reporters. The following individuals have a mandated duty to report suspected

abuse, neglect, self-neglect, and exploitation of elders:

(a) The elder’s family members or caretakers;

(b) Any elected official of the Nation;

(1) physicians, surgeons, dentists, podiatrists, chiropractors, nurses, dental

hygienists, optometrists, medical examiners, emergency medical technicians,

paramedics, or other health care providers;

(2) psychiatrists, psychologists, or psychological assistants;

(3) licensed or unlicensed social workers, professional counselors, or marriage and

family therapists;

(4) persons employed in the mental or behavioral health profession;

(5) persons employed as physical or occupational therapists, or their assistants;

(6) law enforcement officers;

(7) judges, attorneys, court counselors, clerks of court, and other judicial system

officials or staff;

(d) Any person or agency with fiduciary responsibilities to an elder, such as accountants,

property managers, financial advisors, or financial institutions.

706.5-3. Anonymous Reports. Except for mandated reporters identified in section 706.5-2, any

7 O.C. 706 – Page 5

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person reporting elder abuse, neglect, self-neglect, or exploitation may remain anonymous.

706.5-4. Immunity from Liability. Any person who in good faith, reports suspected abuse, neglect,

self-neglect, or exploitation of an elder shall be immune from any legal action arising from that

report.

706.5-5. Civil Penalty for Failure to Report.

(a) Any person required by this law to report suspected elder abuse, neglect, self-neglect,

or exploitation who fails to do so is subject to a civil penalty not to exceed two thousand

dollars ($2,000).

(b) The Court shall impose the penalty only after petition, notice, an opportunity for

hearing, and a determination that the person had a mandated duty to report and failed to

comply.

by the elder as a result of the failure to report, notwithstanding any determination by the

Court regarding violation of this law.

706.5-6. Civil Penalty for Bad Faith Reports.

(a) Any person who knowingly makes a false report of suspected abuse, neglect, selfneglect, or exploitation is subject to a civil penalty not to exceed two thousand dollars

($2,000).

(b) The Court shall impose the penalty only after petition, notice, an opportunity for

hearing, and a determination that the person knowingly made a false report.

by the person(s) named in the false report.

706.5-7. Report Requirements. Reports of suspected elder abuse, neglect, self-neglect, or

exploitation shall be made to the Director or designee of Oneida Aging and Disability Services.

(a) Oral reports shall be immediately documented in writing by the Director or designee.

(b) Anonymous reports shall be investigated as required by this law.

(1) The elder’s name, address or location, and telephone number;

(2) The name, address or location, and telephone number of the person(s) or

agency suspected of abuse, neglect, or exploitation;

(3) The nature and degree of any limitations of the elder;

(4) The name, address or location, and telephone number of the elder’s caretaker,

if applicable;

(5) The name, address or location, and telephone number of any witnesses;

(6) A description of the acts reported as abusive, neglectful, or exploitative;

(7) Any other information that may assist in determining abuse, neglect, selfneglect, or exploitation;

(8) The name, address, and telephone number of the reporter for follow-up

purposes, unless the report is anonymous.

706.6. Investigation

706.6-1. Initiation of Investigations. Upon receipt of a report alleging abuse, financial

7 O.C. 706 – Page 6

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exploitation, neglect, or self-neglect of an elder adult at risk who is believed to be an Oneida Elder,

the Oneida Aging and Disability Designee shall promptly coordinate with appropriate elder-at-risk

agencies. The Oneida Aging and Disability Designee shall take all reasonable steps to ensure

timely and organized action to protect the elder while maintaining active involvement throughout

the investigative process.

706.6-2. Minimum Investigative Actions. The elder-adult-at-risk agency’s response shall include

one or more of the following:

(a) A visit to the elder’s residence;

(b) Observation of the elder, with or without consent of a guardian or agent under an

activated power of attorney for health care, if any;

a guardian or agent under an activated power of attorney for health care, if any;

(d) An interview with the guardian or agent under an activated power of attorney for health

care, if any, and with any caregiver;

(e) A review of the elder’s treatment and health care records;

(f) A review of the elder’s financial records maintained by a financial institution, entity,

caregiver, or immediate family member. Financial records shall be released without

informed consent under either of the following circumstances:

(1) To an elder-adult-at-risk agency or other investigative agency under this section,

including voluntary disclosure by the record holder;

(2) Pursuant to a lawful court order.

706.6-3. Medical Examination. The elder-adult-at-risk agency may transport the elder adult at risk

for a medical examination by a physician if:

(a) The elder adult at risk or his or her guardian or agent under an activated power of

attorney for health care consents; or

(b) The elder is incapable of consenting and one of the following applies:

(1) The elder has no guardian or agent under an activated power of attorney for

health care;

(2) The guardian or an agent under an activated power of attorney for health care,

is suspected of abuse, neglect, or financial exploitation;

(3) The examination is authorized by court order.

706.6-4. Law Enforcement Assistance. The elder-at-risk agency may request law enforcement

assistance during visits to the elder’s residence or as otherwise necessary. Upon request, a law

enforcement officer shall accompany the agency investigator and provide assistance as needed.

706.6-5. Offer of Services and Referrals. Upon responding to a report, the elder-at-risk agency

shall determine whether the elder or any other individual involved requires services. The agency

shall provide or arrange for necessary services under the least restrictive conditions appropriate to

achieve the intended objectives.

706.6-6. If, after responding to a report, the elder-adult-at-risk agency has reason to believe that

abuse, financial exploitation, neglect, or self-neglect has occurred, the agency may:

(a) Request immediate assistance to initiate protective services or contact an investigative

agency;

7 O.C. 706 – Page 7

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(b) Take emergency protective action, including emergency protective placement, if in the

elder’s best interests and the least restrictive intervention;

(d) Refer the case to licensing or regulatory authorities if the residence, facility, or program

is or should be regulated;

(e) Refer the case to the Department of Safety and Professional Services if a credentialed

individual is involved;

(f) Refer the case to the Department of Financial Institutions if financial exploitation

involves a registered individual or entity;

(g) Petition for guardianship, protective services, or protective placement or seek review

of an existing guardianship if necessary to prevent harm.

706.6-7. Confidentiality. Departmental report forms are confidential and may not be released

except:

(a) To the elder, any person named as a suspect, and the suspect’s attorney, excluding the

identity of the reporter or any person whose safety may be endangered.

(b) To agencies or entities providing assistance, subject to confidentiality requirements;

identifying information is not disclosed;

(d) Pursuant to a lawful court order;

(e) To agencies or individuals providing direct services, including attending physicians, for

purposes of diagnosis, treatment, or coordination of care;

(f) To the guardian of the elder adult at risk or the guardian of any person named in a report

who is suspected of abuse, neglect, or financial exploitation. These individuals may inspect

the report, except that identifying information about the reporter or any person whose

safety may be endangered by disclosure shall not be released;

(g) To law enforcement officials as necessary to carry out their duties, in accordance with

applicable internal policies and this law;

(h) To the Oneida Interdisciplinary Team, a federal agency, state or local governmental

unit, or an agency of another state that requires the report to fulfill its responsibility to

protect elder adults at risk from abuse, neglect, exploitation, or self-neglect;

(i) To the individual who made the report in a professional capacity, for the limited purpose

of informing them of actions taken to protect or provide services to the alleged victim.

706.6-8. Written Investigative Report.

(a) The Oneida Aging and Disability Designee shall provide a written investigative report

and file it with Oneida Aging and Disability Services.

(b) The report shall include all pertinent information obtained during the investigation,

including interviews, observations, assessments, and other relevant facts.

pursue legal action.

(d) If the allegations are substantiated, Oneida Aging and Disability Services may mediate

a resolution or forward the matter to the Oneida Law Office for legal action.

706.6-9. Interference with Investigation and Retaliation.

7 O.C. 706 – Page 8

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(a) No person shall intentionally interfere with a lawful investigation of suspected elder

abuse, neglect, self-neglect, or exploitation.

(b) No person shall retaliate against any individual who, in good faith, reports suspected

abuse or cooperates with an investigation.

two thousand dollars ($2,000) per occurrence. The Court shall impose the penalty only

after petition, notice, an opportunity for hearing, and a determination that interference or

retaliation occurred.

(d) Notice of the Court’s determination shall be provided to the person’s employer and any

relevant licensing agencies. If the violator is an employee of the Nation, disciplinary action

shall be imposed consistent with Nation employment laws.

706.6-10. Criminal Investigation. Any investigation or procedure under this law may continue

concurrently with a criminal investigation. Oneida Aging and Disability Services shall cooperate

with law enforcement to ensure the criminal investigation is not compromised.

706.7. Rights of Parties

706.7-1. Rights of Elders. An elder shall have the following rights:

(a) Notice of Investigation. An elder has the right to be informed about an elder abuse

investigation before it begins unless an emergency exists, in which case the elder shall

be informed as soon as possible, but not later than one (1) business day after the

investigation begins.

(b) Refusal of Services. An elder has the right to refuse to accept elder protective

services (even if there is good cause to believe that the elder has been or is being

abused, neglected, self-neglected, or exploited) provided that the elder is able to care

for himself or herself and/or has the capacity to understand the nature of the services

offered.

to exclude others from their premises, subject to applicable law. This includes the right

to deny entry to any individual, except as otherwise authorized by court order or

warrant.

(d) Right to Exclude Entry. An elder has the right to refuse the Oneida Aging and

Disability Designee entrance into their home. The Oneida Aging and Disability Designee

shall inform the elder of this right before seeking entry and shall also inform the elder

of the Oneida Aging and Disability Designee’s authority to seek a warrant to gain access.

(e) Representation by Counsel. The elder has the right to be represented by counsel at

his or her own expense at all proceedings.

(1) If the elder seeks to proceed independently, then the elder may retain private

counsel to represent himself or herself at his or her own cost or proceed without

counsel (pro se).

(2) If the elder seeks to have the assistance of the Oneida Aging and Disability

in filing the Petition, then Oneida Aging and Disability and the Oneida Law

Office shall make a determination on whether a legal claim exists and then

7 O.C. 706 – Page 9

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make a determination on how to proceed.

706.7-2. Rights of the Accused.

(a) Refusal of Services. The accused may refuse services offered by Oneida Aging and

Disability Services for themselves but may not refuse services offered to the elder.

(b) Right to Deny Entry. The accused may refuse entry to their home by the Oneida

Aging and Disability Designee. Before seeking entry, the Oneida Aging and Disability

Designee shall inform the accused of this right and shall also advise the accused that

the Oneida Aging and Disability Designee may seek a warrant to gain access if

necessary.

at their own expense in all proceedings under this law.

706.8. Jurisdiction

706.8-1. The Oneida Trial Court has jurisdiction over any action brought under this law.

Personal jurisdiction over an individual under this law may be established where the parties

are members of the Nation, or employees of the Nation.

End.

Adopted – BC-__-__-__-__

7 O.C. 706 – Page 10

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r'\.

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=DODDDD=

ONEIDA

Legislative Operating Committee

March 4, 2026

Uniform Commercial Code

Submission Date: 6/5/24

LOC Sponsor: Jameson Wilson

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was added to the Active Files List on June 5, 2024. The Uniform

Commercial Code governs all commercial transactions, and the development of a Uniform

Commercial Code will aid in the development of other business laws for the Nation.

6/5/24 LOC: Motion by Jonas Hill to add the Uniform Commercial Code to the Active Files List

with Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion carried

unanimously.

7/29/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Clorissa Leeman,

Carolyn Salutz, Fawn Billie, Kristal Hill, Maureen Perkins. The purpose of this

meeting was provide an introduction to the Uniform Commercial Code with

particular emphasis on Article 9 Secured Transactions, and the revised Model Tribal

Secured Transactions Act.

12/2/24:

Work meeting. Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Justin

Nishimoto, Clorissa Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill, Fawn

Cottrell, Maureen Perkins. The purpose of this meeting was to review the general

purpose of each section of the model tribal secured transaction Code.

12/10/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Grace

Elliott. The purpose of this meeting was to review administration options for a

secured transaction law.

1/15/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Kirby

Metoxen, Jennifer Webster, Clorissa Leeman, Carolyn Salutz, Melinda Danforth,

Tana Aguirre, Grace Elliott, Fawn Cottrell, Fawn Billie, Kristal Hill, Maureen

Perkins. The purpose of this meeting was to discuss options to administer a secured

transaction law including utilizing the Wisconsin filing system.

2/19/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon

Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this

meeting was for the LOC to consider timelines, next steps and expectations.

6/6/25:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Marlon Skenandore,

Kristal Hill, Grace Elliott. The purpose of this meeting was to review each section of

the draft Secured Transaction law.

Page 1 of 2

A good mind. A good heart. A strong fire.

31 of 403

7/10/25:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Marlon Skenandore, Jonas

Hill, Fawn Cottrell, Kristal Hill, Grace Elliott, Clorissa Leeman. The purpose of this

meeting was to begin a line-by-line read through of the draft.

9/2/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Fawn Billie,

Rhiannon Metoxen, Grace Elliott. The purpose of this meeting was to continue

reading through the draft, as well as review real world examples of the various

scenarios covered in the law.

9/18/25:

Work Meeting. Present: Carl Artman, Grace Elliott. The purpose of this meeting was

to update the Oneida Law Office on the development of the draft law, gather initial

thoughts on the draft, and plan for working together as we move forward in the

process.

9/22/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Kirby

Metoxen, Fawn Billie, Fawn Cottrell, Kristal Hill, Rhiannon Metoxen, Grace Elliott.

The purpose of this meeting was to continue reading through the draft, as well as

review real world examples of the various scenarios covered in the law.

10/14/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Carl Artman, Grace

Elliott. The purpose of this meeting was to review real world examples illustrating the

practical application of each section of the draft law.

12/1/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Carl Artman,

Grace Elliott. The purpose of this meeting was to complete a full readthrough of the

draft UCC law.

1/15/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Carl Artman, Grace

Elliott. The purpose of this meeting was to review next steps in the legislative process

specific to the development of the UCC law.

2/4/26 LOC: Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman, Carolyn

Salutz, Grace Elliott. Motion by Jennifer Webster to approve the draft of the Uniform

Commercial Code and direct that a legislative analysis be completed; seconded by

Kirby Metoxen. Motion carried unanimously.

Next Steps:

▪ Accept the Uniform Commercial Code legislative analysis.

▪ Approve the public meeting packet for the Uniform Commercial Code and schedule a public

meeting to be held on April 16, 2026.

A good mind. A good heart. A strong fire.

Page 2 of 2

ONEIDA

32 of 403

ONEIDA NATION PUBLIC MEETING NOTICE

THURSDAY April 16 2026, 12:15 pm

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

Find Public Meeting Materials at

Oneida-nsn.gov/government/register/public meetings

Send Public Comments to

LOC@oneidanation.org

Ask Questions here

LOC@oneidanation.org

920-869-4417

UNIFORM COMMERCIAL CODE

The purpose of the Uniform Commercial Code is to provide a clear, fair structure for commercial transaction to promote economic development, grounded in Good Mind principles and

protection of sovereignty.

The Uniform Commercial Code will:

 Establish a complete, unified commercial code governing security interests, collateral,

and commercial transactions within the Nation, creating legal clarity and predictability

for all parties.

 Ground commercial law in Good Mind principles, embedding cultural values directly

into the Nation’s economic governance framework.

 Define Oneida jurisdiction over commercial parties through residence, business location, tribal membership, or chartering, strengthening tribal legal authority.

 Create clear rules for creating, attaching, and enforcing security interests, essential for

lenders and investors to transact with confidence.

 Provide multiple perfection methods (filing, possession, control), allowing flexible

modern financing arrangements.

 Create priority rules that determine whose claim on collateral prevails in disputes, insolvency, or bankruptcy‑like scenarios.

 Support interjurisdictional business activity by recognizing perfection under other jurisdictions and creating transition rules for collateral moving into Oneida jurisdiction.

 Protect against predatory contract terms, invalidating commercially harmful restrictions

that block assignment or collateralization.

 Set structured, lawful processes for repossession, allowing possession only with debtor consent or judicial process, and forbidding breach of the peace.

 Provide remedies for improper conduct by lenders, including

damages, statutory penalties, and court orders restraining noncompliant enforcement.

Individuals may attend the public meeting for the proposed Uniform Commercial Code in person at the Norbert Hill Center, or virtually through Microsoft Teams. If you wish to attend the

public meeting through Microsoft Teams please contact LOC@oneidanation.org.

PUBLIC COMMENT PERIOD CLOSES THURSDAY APRIL 23, 2026

During the public comment period, anyone may submit written comments, questions or input.

Comments may be submitted to the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.

For more information on the proposed Elder Protection law please review the public meeting packet at oneidansn.gov/government/register/public meetings.

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UNIFORM COMMERCIAL CODE

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Legislation or

Amendments

Analysis by the Legislative Reference Office

▪ Establish a complete, unified commercial code governing security interests,

collateral, and commercial transactions within the Nation, creating legal clarity

and predictability for all parties. [5 O.C. 510.1-1].

▪ Affirm Oneida sovereignty by providing that this law governs conflicting

provisions and is adopted under the Nation’s constitutional authority. [5 O.C.

510.2-4; 510.2-5].

▪ Grounds commercial law in Good Mind principles, embedding cultural values

directly into the Nation’s economic governance framework. [5 O.C. 510.1-2].

▪ Define Oneida jurisdiction over commercial parties through residence, business

location, tribal membership, or chartering, strengthening tribal legal authority.

[5 O.C. 510.6-11(e)].

▪ Create clear rules for creating, attaching, and enforcing security interests,

essential for lenders and investors to transact with confidence. [5 O.C. 510.5-1;

510.5-2].

▪ Provide multiple perfection methods (filing, possession, control), allowing

flexible modern financing arrangements. [5 O.C. 510.6-3; 510.6-7; 510.6-8;

510.6-9].

▪ Create priority rules that determine whose claim on collateral prevails in

disputes, insolvency, or bankruptcy-like scenarios. [5 O.C. 510.6-12; 510.6-13;

510.6-14].

▪ Support interjurisdictional business activity by recognizing perfection under

other jurisdictions and creating transition rules for collateral moving into

Oneida jurisdiction. [5 O.C. 510.6-11].

▪ Strengthen consumer rights by restricting waivers, requiring post-default

notice, and limiting repossession practices. [5 O.C. 510.9-2; 510.9-11;

510.9-21].

▪ Ensure transparency by allowing debtors to request accountings, collateral lists,

and surplus/deficiency explanations. [5 O.C. 510.5-7; 510.9-15].

▪ Protect against predatory contract terms, invalidating commercially harmful

restrictions that block assignment or collateralization. [5 O.C. 510.7-4].

▪ Require commercially reasonable enforcement, meaning lenders must follow

fair industry standards when collecting, selling, or disposing of collateral. [5

O.C. 510.9-7(b); 510.9-10(b); 510.9-24].

▪ Create rulemaking authority enabling the Nation to issue regulations,

procedures, and filing requirements without relying on state systems. [5 O.C.

510.4-8; 510.8-1(f)].

▪ Clarify rights in complex assets such as accounts, chattel paper, investment

accounts, fixtures, software, and agricultural products enabling modern finance

options. [5 O.C. 510.3; 510.4-11; 510.6-7; 510.6-15].

Page 1 of 10

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Analysis to Draft 1

2026 03 04

▪

Purpose

Affected Entities

Related Legislation

Enforcement

Due Process

•

Set structured, lawful processes for repossession, allowing possession only with

debtor consent or judicial process, and forbidding breach of the peace. [5 O.C.

510.9-9].

▪ Create detailed rules for collateral sales, including notice requirements, timing

rules, and public/private sale standards. [5 O.C. 510.9-10; 510.9-11; 510.9-12;

510.9-13].

▪ Provide remedies for improper conduct by lenders, including damages,

statutory penalties, and court orders restraining noncompliant enforcement. [5

O.C. 510.9-22].

▪ Protect innocent purchasers by specifying when buyers take goods free of a

security interest and when interests follow the collateral. [5 O.C.

510.6-13(a)(2); 510.6-14(c),(d)].

▪ Ensure continuity and severability, protecting the code from invalidation if one

section is challenged. [5 O.C. 510.10-1].

Provide a clear, fair structure for commercial transactions to promote economic

development, grounded in Good Mind principles and protection of sovereignty. [5

O.C. 510.1].

Oneida businesses and lenders; outside creditors transacting within jurisdiction;

Oneida Licensing Department (filing office) and Comprehensive Housing Division

(fixture filings); Oneida Judiciary; consumers and commercial debtors/secured

parties. [5 O.C. 510.8-1(a); 510.3; 510.2].

Judiciary law, Oneida Judiciary Rules of Civil Procedure, Real Property law,

Leasing law, Public Peace law, and Administrative Rulemaking law.

The Oneida Trial Court is granted jurisdiction over all actions under this law.

1. Notice Requirements (Pre-Disposition / Enforcement Notices)These guarantee

a debtor or other affected party receives advance written notice before

enforcement actions occur. Required Notification Before Sale or Disposition of

Collateral:

• Secured party must send signed, reasonable notification to the debtor,

secondary obligor, and other lienholders. [5 O.C. 510.9-11(b)–(c)].

• Notice must include time, place, method of sale, rights to an accounting,

redemption, and deficiency liability.[5 O.C. 510.9-13(a)].

• Notification must be sent within a reasonable time, presumed sufficient if at

least 10 days (non-consumer) or 20 days (consumer) prior. [5 O.C.

510.9-12(b)].

Special Notification Requirements for Acceptance of Collateral in Satisfaction

Debtor and other interest holders must be notified before a secured party can

retain collateral in full or partial satisfaction. [5 O.C. 510.9-19(b)].

2. Right to Be Heard / Objection Rights. These ensure parties can contest

enforcement actions before they occur.

• Objection to Acceptance of Collateral. Any person with an interest in the

collateral has 14 tribal business days to object to the secured party’s proposal.

[5 O.C. 510.9-19(c)(2)].

• Objection to Consignment or Subordinate Interest Payments. Subordinate

lienholders may demand payment from collateral proceeds and must be given

a chance to prove their interest. [5 O.C. 510.9-8(a)(3); 510.9-14(a)(3)].

3. Opportunity to Cure or Redeem (Restoration of Property Rights)

These provisions ensure a debtor may stop enforcement by satisfying obligations.

Page 2 of 10

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Analysis to Draft 1

2026 03 04

Right to Redeem Collateral

• Debtor or other secured party may redeem by paying obligations and

reasonable expenses any time before:

o Collection,

o Disposition, or

o Acceptance of collateral. [5 O.C. 510.9-20(a)–(c)].

•

4. Limits on Self-Help – Protection Against Arbitrary or Violent Repossession

Repossession Only With Consent After Default or Judicial Process:

• Secured party may take possession only through judicial process or

post-default written consent. [5 O.C. 510.9-9(a)].

• Consent must be:

o Signed after default,

o In debtor’s handwriting,

o Explicitly waiving judicial process.

[5 O.C. 510.9-9(a)]

No Breach of the Peace Requirement: Secured party must repossess without

breach of the peace; a major due process protection. [5 O.C. 510.9-9(c)].

5. Judicial Review & Court Oversight: These provisions ensure courts can

intervene if rights are violated. Court Power to Restrain or Order Conduct in

Cases of Noncompliance:

• Courts may order or restrain collection, enforcement, or disposition if the

secured party violates the law. [5 O.C. 510.9-22(a)].

Lien Priority Relates Back to Earlier Perfection (Judicial Enforcement Safeguard)

Protects fairness in judicial execution and credit priority. [5 O.C. 510.9-1(d)].

6. Required Commercial Reasonableness. Another due process concept: actions

must meet objective fairness standards.

• Standard of “Commercially Reasonable” Conduct Applies to disposition,

enforcement, notices, collections, and handling of collateral. [5 O.C.

510.9-7(b); 510.9-10(b); 510.9-24(a)].

• Court-Approved or Creditor-Committee-Approved Actions Are

Automatically Reasonable. (Creates a safe harbor for fairness.) [5 O.C.

510.9-24(c)].

7. Right to an Accounting / Transparency Requirements. These provisions ensure

due process through access to information. Mandatory Accounting Upon Request:

• Debtor may request a statement of account, list of collateral, or obligation

amount. [5 O.C. 510.5-7(a)].

• Secured party must respond within 10 tribal business days. [5 O.C.

510.5-7(b)].

Explanation of Surplus or Deficiency Required (Consumer Protection)

• Must provide a detailed explanation 10 days before suing for deficiency. [5

O.C. 510.9-15(a)].

8. Mandated Return of Surplus / Protection from Excessive Seizure. Ensures

property is not wrongfully retained. Debtor Entitled to Surplus; Deficiency Rules

Must Be Followed:

• Secured party must return surplus after sale. [5 O.C. 510.9-14(d)(1)].

Page 3 of 10

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9. Prohibition on Waiver of Core Rights (Fundamental Fairness Protections)

The Code prohibits waiver of key due process rights before default.

Non-Waivable Rights Include:

• Notice of disposition

• Right to commercially reasonable sale

• Right to redeem

• Right to surplus

• Prohibition on breach of peace [5 O.C. 510.9-2(a)–(l)].

Waiver Allowed Only Post-Default (and limited)

• Protects against coercion during contract formation. [5 O.C. 510.9-21(a)–(c)].

Public Meeting

Fiscal Impact

10. Due Process Protections for Third Parties.Ensures rights of lienholders,

obligors, and purchasers are safeguarded.

Notification to Other Secured Parties

• Before disposition, secured party must search filing office and notify all prior

holders. [5 O.C. 510.9-11(c)(3); 510.9-11(e)].

Rights of Secondary Obligors (e.g., guarantors)

• Due process in assignment, assumption of duties, and transfer of collateral

rights. [5 O.C. 510.9-17(a)–(b)].

A public meeting has not yet been held.

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Uniform Commercial Code is a new addition to the Oneida Nation Code of Laws

to support a modern commercial law framework that promotes economic development and integrates

with broader U.S. commercial practices while preserving sovereignty.

B. Request for Amendments. The Uniform Commercial Code was added to the AFL on June 5, 2024.

The Uniform Commercial Code governs all commercial transactions, and the development of a

Uniform Commercial Code will aid in the development of other business laws.

SECTION 3. CONSULTATION AND OUTREACH

▪

•

Representatives from the following departments or entities participated in the development of the

amendments to this Law and legislative analysis:

▪ Economic Strategy;

▪ Oneida Law Office;

▪ Intergovernmental Affairs.

The following laws of the Nation were reviewed in the drafting of this analysis:

▪ Administrative Rulemaking;

▪ Leasing law;

▪ Public Peace law;

▪ Judiciary law; and

▪ Oneida Judiciary Rules of Civil Procedure.

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SECTION 4. PROCESS

A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.

▪ On June 5, 2024, the Legislative Operating Committee added this Law to its Active Files List.

▪ On February 4, 2026 the LOC approved the draft of the Uniform Commercial Code and

directed that a legislative analysis be completed.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of the amendments to this law:

▪ July 29, 2024: LOC work session.

▪ December 2, 2024: LOC work session with Economic Strategy.

▪ December 10, 2024: LOC work session.

▪ January 15, 2025: LOC work session with Intergovernmental Affairs.

▪ February 19, 2025: LRO work session.

▪ June 6, 2025: LOC work session.

▪ July 10, 2025: LOC work session.

▪ September 2, 2025: LOC work session.

▪ September 18, 2025: LRO work session with Oneida Law Office.

▪ September 22, 2025: LOC work session.

▪ October 14, 2025:LOC work session.

▪ December 1, 2025:LOC work session with Oneida Law Office.

▪ January 15, 2026:LOC work session with Oneida Law Office.

SECTION 5. CONTENTS OF THE LEGISLATION

▪

Purpose, Policy and Sovereignty Framework. Establishes why the law exists, connects

commercial regulation to Good Mind principles, and resolves conflicts in favor of this Code.

[5 O.C. 510.1-1, 510.1-2, 510.2-4].

▪ Effect. This section sets the philosophical and legal foundation for the entire Code. It

ensures that all commercial activity within the Nation aligns with cultural values and

long-term economic protection. It also strengthens sovereignty by ensuring this Code

overrides conflicting laws, preventing external systems from weakening Oneida’s

authority.

Definitions and Scope of Applicability. The Law provides precise definitions for collateral

types, parties, and commercial terminology, and identifies the transactions governed by the

Code. [5 O.C. 510.3; 510.4-6].

▪ Effect. Establishing a precise set of definitions creates uniformity and predictability

which is critical for attracting lenders, supporting businesses, and avoiding litigation.

By defining what the law applies to (security interests, receivables, agricultural liens,

consignments), the Nation establishes a clear commercial jurisdiction similar to state

UCC Article 9 systems. This clarity reduces misunderstandings and ensures fair

treatment of all parties.

Sovereign Immunity and Jurisdiction. The Law affirms the Nation does not waive sovereign

immunity unless expressly stated and defines when individuals and organizations fall under

Oneida jurisdiction. [5 O.C. 510.4-1; 510.6-11(e)].

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▪

Effect. These provisions protect the Nation from accidental or implied waivers of

immunity. Clear jurisdictional rules ensure the Nation can regulate commercial

behavior involving members, businesses located on the Reservation, and tribally

chartered entities. This strengthens legal authority and provides certainty for courts,

lenders, and businesses.

Creation, Attachment and Enforceability of Security Interests. The Law outlines the steps

needed for a lender to obtain enforceable rights in collateral, including value given, debtor

rights, and authenticated agreements. [5 O.C. 510.5-1; 510.5-2].

▪ Effect. This protects both debtors and creditors by requiring a clear, documented

agreement before any rights are enforced. It ensures borrowers cannot be bound by

hidden or implied liens. At the same time, lenders gain confidence knowing that once

these conditions are met, their security interests are legally enforceable.

Perfection Methods (Filing, Possession, Control). The Law provides methods for perfecting

a security interest—such as filing with the Oneida Licensing Department, taking possession of

collateral, or obtaining control of investment property. [5 O.C. 510.6-3; 510.6-7; 510.6-8;

510.6-9; 510.8-1].

▪ Effect. Perfection is what protects a creditor against third parties (other creditors,

buyers, lienholders). By offering multiple ways to perfect, the law accommodates

everything from traditional loans to modern financial instruments. It also ensures

filings take place within the Nation’s approved system, strengthening self-governance

and reducing reliance on state UCC offices.

Priority Rules. The Law establishes who has first rights when multiple parties claim the same

collateral, including first-to-file, purchase-money priority, fixture priority, and lien creditor

rules. [5 O.C. 510.6-12; 510.6-13; 510.6-14; 510.6-15].

▪ Effect. This creates a predictable order of rights, essential for lending, leasing,

agriculture, construction, and tribal enterprise operations. Priority rules prevent chaos

when disputes arise and reduce litigation by defining winners and losers in advance.

Strong priority rules also encourage outside investment because creditors know

precisely how the Nation will determine claims.

Filing System and Administrative Rules. The Law creates the Oneida tribal filing office,

defines requirements for effective financing statements, and establishes administrative

rulemaking authority. [5 O.C. 510.8-1; 510.8-2].

▪ Effect. A tribal filing office is a cornerstone of commercial sovereignty. By controlling

filings, the Nation manages its own registry of secured interests, rather than relying on

state systems. The administrative authority ensures Oneida can evolve, modernize, and

clarify procedures without amending the full Code.

Debtor Protections and Due Process Requirements. The Law provides mandatory notices,

redemption rights, accounting rights, limits on waivers, and repossession restrictions (no

breach of the peace). [5 O.C. 510.9-9; 510.9-11; 510.9-12; 510.9-20; 510.9-2].

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▪

Effect. These protections ensure fairness and prevent abusive enforcement. Debtors

receive notice before repossession or sale, may reclaim their collateral by paying what

is owed, and cannot have core rights waived in advance. This maintains trust in the

commercial system, safeguards vulnerable borrowers, and aligns enforcement practices

with Good Mind principles.

Enforcement, Collection and Disposition Standards. The Law outlines procedures for

collecting debts, enforcing obligations, and disposing of collateral, all of which must be

“commercially reasonable.” [5 O.C. 510.9-7; 510.9-10; 510.9-24].

▪ Effect. These rules protect debtors from low-value or unfair sales while giving creditors

a clear and lawful path to recover losses. The “commercially reasonable” standard

ensures collateral is not sacrificed for unfairly low prices. It also reduces disputes

because creditors know the standard, they must meet to avoid liability.

Remedies, Damages, and Judicial Oversight. The Law grants courts the authority to stop

improper enforcement actions and awards damages, including statutory damages and

attorney’s fees for violations. [5 O.C. 510.9-22; 510.9-23; 510.9-26].

▪ These provisions provide meaningful consequences when creditors fail to follow the

rules, protecting integrity of the system. They ensure borrowers have access to the

courts and legal representation, which is essential for due process. This strengthens

Oneida judicial authority and builds confidence that commercial law will be fairly

applied.

SECTION 6. EXISTING LEGISLATION

A. Related legislation. The following laws of the Nation are related to the proposed amendments to this

Law:

▪ Public Peace Law. The purpose of the Public Peace law is to set forth community standards and

expectations which preserve the peace, harmony, safety, health, and general welfare of individuals

who live within the boundaries of the Reservation. [3 O.C. 309.1-1]. The law’s underlying policy

is to “promote peace and order within the boundaries of the Reservation while also providing an

orderly process for addressing civil infraction that occur.” [3 O.C. 309.1-2].

▪ The Law tightly regulates repossession, requiring: Judicial process OR Post-default written

consent that is signed and acknowledges waiver of process [5 O.C. 510.9-9(a)].

Repossession must occur without breach of the peace. [5 O.C. 510.9-9(c)]. The Judiciary

has authority to review and stop improper repossessions. This protects community

members from dangerous or coercive enforcement behaviors.

▪ Leasing Law. The purpose of the Leasing Law is to set forth the Nation’s authority to issue, review,

approve, as well as enforce, leases and was established in accordance with the Helping Expedite

and Advance Responsible Tribal Home Ownership Act of 2021 (HEARTH Act) so that the Nation

can approve leases on its land without having to obtain additional approval from the Secretary of the

Interior. [6 O.C. 602.1- 1]. The policy behind the law is to codify the expectations and

responsibilities of the lessor and lessee when leasing Tribal land and to ensure that the leasing of

Tribal land results in minimal risk to the Nation. [6 O.C. 602.1-2].

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▪

According to the Leasing Law leases approved under the Law are subject to all of the

Nation’s laws, except to the extent those laws are inconsistent with applicable federal law.

[6 O.C. 602.4-3].

Leases vs. Security Interests (Critical to Leasing Law Jurisdiction). This Law establishes

the criteria for determining when a transaction characterized as a “lease” is in fact a true

lease and when it is, instead, a disguised security interest. This distinction is essential

because it dictates whether the transaction falls under the Oneida Leasing Law or the

UCC. Under this Law, a transaction constitutes a security agreement—rather than a

lease—when it operates as a financing arrangement, such as where there is a nominal

purchase option, a non-cancellable term, or other indicators of economic ownership,

while also identifying factors that do not create a security interest. The Leasing Law

governs true leases of tribal land, whereas the UCC governs secured transactions.

Accordingly, when a transaction presented as a lease is actually a security agreement, the

Leasing Law does not apply and the UCC controls instead. [5 O.C. 510.4-5].

A security interest may continue in goods that become fixtures, and the UCC sets out the

priority rules governing fixture-secured creditors versus owners or encumbrancers of the

underlying real property. These provisions also address a secured party’s right to remove

fixtures from the land after default, as well as the obligation to reimburse the landowner

for any physical injury caused by removal. Because fixtures—such as HVAC systems,

equipment, or signage—are frequently installed on leased trust land, it is important to

determine:

▪ who has priority,

▪ whether fixtures may be removed, and

▪ what duties apply

▪ is essential for protecting the Nation’s interests as landowner/lessor under the

Leasing Law. [5 O.C. 510.6-15; 510.9-4].

Security Interests in Leases or Rents. The Leasing Law codifies the

responsibilities of the lessor and lessee and affirms the Nation’s exclusive

authority to approve, manage, and enforce leases of tribal land. [6 O.C. 602.1-1–

2]. Under the UCC, Section 510.4-7(a)(9) identifies that the creation or transfer of

an interest in, or a lien on, real property—including leases and rents arising

thereunder—is expressly excluded from UCC coverage, except in limited

circumstances involving fixture filings or mixed-collateral transactions. This

exclusion confirms that leasehold interests and lease-derived rents on tribal land

fall under the jurisdiction of the Oneida Leasing Law, not the UCC. This

preserves the Nation’s exclusive authority under the HEARTH Act and prevents

any UCC filing from being used to encumber tribal real-property leases. [5 O.C.

510.4-7(a)(9)].

Goods on Leased Property Held for Sale or Lease. Leases approved under the

Leasing Law are subject to all Nation laws unless those laws are inconsistent with

applicable federal requirements. [6 O.C. 602.4-3]. Under Section 510.6-6(d) of

the UCC, when goods located on the property are held for sale or lease, or are

leased by a dealer/lessor engaged in selling goods of that kind, the

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▪

certificate-of-title perfection rules do not apply. Instead, perfection and priority

are governed by standard UCC filing requirements. This distinction is important

for businesses operating on leased tribal land, which frequently maintain

inventory for sale or subleasing. While the Leasing Law governs the use of tribal

land and the terms of occupancy, the UCC governs creditor rights in the personal

property located on that land. Understanding the boundary between these two

bodies of law helps prevent conflict and unintended encumbrances involving

inventory or other goods situated on leased trust land. [5 O.C. 510.6-6(d)].

▪ Priority Rules Affecting Landlords / Lessors. The Leasing Law seeks to minimize

risk to the Nation and clearly define the expectations and responsibilities of both

the lessor and the lessee. [6 O.C. 602.1-2]. Several UCC provisions intersect with

these concerns. Under Section 510.6-13(a)(2), certain buyers or lessees of goods

may take their interests free of an existing security interest under specific

conditions. Section 510.6-14(c) further provides that lessees of goods in the

ordinary course of business take free of a security interest created by the lessor.

Additionally, Section 510.6-15 addresses the priority of interests in fixtures,

including the rights of real-property owners when tenant-installed goods become

affixed to the land. These provisions matter because the Nation frequently serves

as the landowner and lessor on tribal trust lands. They determine, among other

things:

▪ whether a lessee’s creditor may assert a claim to goods located on leased

tribal land;

▪ whether the Nation’s interests as landowner/lessor take priority over a

secured creditor; and

▪ how tenant-installed fixtures may be removed after default and what

obligations flow from that removal.

Understanding these rules is operationally important when enforcing the Nation’s

rights under the Leasing Law and protecting tribal land interests. [5 O.C.

510.6-13; 510.6-14; 510.6-15].

Choice of Law Concerning Real Property and Fixtures. The Leasing Law requires

that leases of tribal land comply with all Nation laws unless such laws conflict with

applicable federal requirements. [6 O.C. 602.4-3]. Under Section 510.4-13 of the

UCC, parties generally have the ability to choose the governing law for commercial

transactions; however, this choice is expressly limited. A contractual choice of law

may not override the UCC’s rules governing perfection and priority related to real

property and fixtures, nor may it supersede laws that embody the fundamental policy

of the Oneida Nation.

These limitations are directly relevant to the Leasing Law. Parties entering into a

lease of tribal land cannot avoid the application of the Nation’s leasing requirements

by selecting another jurisdiction’s law. The UCC reinforces and protects the Nation’s

exclusive authority over land-related interests by ensuring that choice-of-law

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provisions cannot be used to contract around tribal real-property rules. [5 O.C.

510.4-13].

▪

Administrative Rulemaking. The purpose of the Administrative Rulemaking law is to provide a

process for the adoption of and amendments to the Nation’s administrative rules. [1 O.C. 106.11]. Its underlying policy is to ensure there exists an efficient, effective and democratic process for

enacting and revising administrative rules, and that authorized agencies act in a responsible and

consistent manner when enacting and revising administrative rules. [1 O.C. 106.1-2].

▪ This Law delegates rulemaking authority to an Oneida entity to be determined, to develop

filing-office regulations and an implementation manual to operationalize indexing, search

logic, forms, acceptance/refusal protocols, and fee schedules. [5 O.C. 510.8-1(f)].

▪ Any rules promulgated are required to be developed in accordance with the process and

procedures of the Administrative Rulemaking law. [5 O.C. 510.3-1(t)].

SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

Oneida Trial Court. The Law gives the Oneida Judiciary explicit authority to supervise enforcement

actions, stop unlawful repossessions or collateral sales, and award damages or attorney’s fees for

violations. Key protections include strict notice requirements, the right to redeem collateral, commercially

reasonable sale standards, mandatory accounting, and penalties for creditor misconduct. Together, these

provisions ensure fairness, transparency, and judicial oversight in all secured transactions within the

Nation. Courts may order or restrain collection, repossession, or disposition of collateral if a creditor

violates the Law. [5 O.C. 510.9-22(a)]. This ensures lenders cannot take unilateral or abusive action. The

Oneida Judiciary serves as the ultimate accountability mechanism, protecting debtors, consumers, and

other secured parties.

Regulation of Repossession/Self-Help. The Law tightly regulates repossession, requiring:

• Judicial process, or

• Post-default written consent that is signed and acknowledges waiver of process [5 O.C. 510.9-9(a)].

• Repossession must occur without breach of the peace. [5 O.C. 510.9-9(c)].

The Judiciary has authority to review and stop improper repossessions. This protects community

members from dangerous or coercive enforcement behaviors.

SECTION 8. OTHER CONSIDERATIONS

Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-1028-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,”

provides further clarification on who the Legislative Operating Committee may direct complete a fiscal

impact statement at various stages of the legislative process, as well as timeframes for completing the

fiscal impact statement.

▪ Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact be

completed.

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Title 5. Business - Chapter 510

UNIFORM COMMERCIAL CODE

510.1. Purpose and Policy.

510.2. Adoption, Amendment Repeal.

510.3. Definitions

510.4. General Provisions

510.5. Effectiveness. Attachment and Rights of Parties

510.6. Perfection and Priority

510.7. Rights of Third Parties

510.8. Filing

510.9. Default

510.10. Miscellaneous Provisions

510.1. Purpose and Policy.

510.1-1. Purpose. The purpose of this law is to provide a clear and fair structure for the regulation of

commercial transactions within the Nation.

510.1-2. Policy. It is the policy of the Oneida Nation to promote economic development and the

continued expansion of commercial practices involving the Nation, and in doing so, to honor the Good

Mind principles that guide the Nation in all of its governmental and economic endeavors. The Nation

embraces Yukwats$stay< the fire, the animating spirit within each of us as a reminder that protecting

our People, our sovereignty, and our economic future is an expression of who we are. These principles

serve as the foundation for the development and application of commercial laws, including the

Uniform Commercial Code. The Good Mind as expressed by On<yote>a=ka, includes:

(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.

(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.

(d) Ka>tshatst^sla. The strength of belief and vision as a People.

(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.

(f) Twahwahts$lay<. All of us are family.

(g) Yukwats$stay<. Our fire, our spirit within each one of us.

510.2. Adoption, Amendment Repeal.

510.2-1. This law was adopted by the Oneida Business Committee by resolution BC-XX-XX-XX.

510.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to the

procedures set out in the Legislative Procedures Act.

510.2-3. Should a provision of this law or the application thereof to any person or circumstances be

held as invalid, such invalidity shall not affect other provisions of this law which are considered to

have legal force without the invalid portions.

510.2-4. In the event of a conflict between a provision of this law and a provision of another law, the

provisions of this law shall control.

510.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

510.3. Definitions

510.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Accession” means goods that are physically united with other goods in such a manner

that the identity of the original goods is not lost.

(b) “Account" except as used in “account for”,

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(1) means a right to payment of a monetary obligation whether or not earned by

performance;

(i) for property that has been or is to be sold, leased, licensed, assigned, or

otherwise disposed of:

(A) for services rendered or to be rendered;

(B) for a policy of insurance issued or to be issued;

(D) for energy provided or to be provided;

(E) for the use or higher of a vessel under a charter or other contract

arising out of the use of a credit or charge card or information contained

on or for use with the card; or

(F) as winnings in a lottery or other game of chance operated or

sponsored by a tribe, governmental unit of a tribe, a person licensed or

authorized by a tribe or governmental unit of a tribe to operate the

game, a state, governmental unit of a state, or person licensed or

authorized to operate the game by a state or governmental unit of a

state;

(2) includes health-care insurance receivables; and

(3) does not include:

(i) rights to payment evidenced by chattel paper or an instrument;

(ii) commercial tort claims;

(iii) deposit accounts;

(iv) securities or investment accounts, including assets held in investment

accounts;

(v) letter-of-credit rights or letters of credit; or

(vi) rights to payment for money or funds advanced or sold, other than rights

arising out of the use of a credit or charge card or information contained on or

for use with the card.

intangible. The term does not include a person obligated to pay a negotiable instrument, even

if the instrument constitutes chattel paper.

(d) “Agreement” as distinguished from “contract”, means the bargain of the parties in fact, as

found in their language or inferred from other circumstances, including course of performance,

course of dealing, or usage of trade as provided in the section on those terms (Section 510.510).

(e) “Agricultural Lien” means an interest in farm products:

(1) which secures payment or performance of an obligation for:

(i) goods or services furnished in connection with a debtor’s farming operation;

(ii) rent on real property leased by a debtor in connection with its farming

operation;

(2) which is created by law in favor of a person that:

(i) in the ordinary course of its business furnished goods or services to a debtor

in connection with the debtor’s farming operation; or

(ii) leased real property to a debtor in connection with the debtor’s farming

operation; and

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(3) whose effectiveness does not depend on the person’s possession of the personal

property.

(f) “As-extracted collateral” means:

(1) oil, gas, or other minerals that are subject to security interest that:

(i) is created by a debtor having an interest in the minerals before extraction;

and

(ii) attaches to the minerals as extracted; or

(2) accounts arising out of the sale at the wellhead or Minehead of oil, gas, or other

minerals in which the debtor had an interest before extraction.

(g) “Business Day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding

holidays recognized by the Nation.

(h) “Business Entity” means that which exists as a particular and discrete unit, which may

include, but is not limited to; any person, partnership, corporation, joint venture, franchise,

governmental enterprise, or any other natural or artificial person or organization. The term

“entity” is intended to be as broad and encompassing as possible to ensure the jurisdiction of

this law.

(i) “Buyer in ordinary course of business” means a person that buys goods in good faith,

without knowledge that the sale violates the rights of another person in the goods, and in the

ordinary course from a person, other than a pawn broker, in the business of selling goods of

that kind. A person buys goods in the ordinary course if the sale to the person comports with

the usual or customary practices in the kind of business in which the seller is engaged or with

the sellers own usual or customary practices. A person that sells oil, gas, or other minerals at

the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in

ordinary course of business may buy for cash, by exchange of other property, or on secured

or unsecured credit, and may acquire goods or documents of title under a pre-existing contract

for sale. Only a buyer that takes possession of the goods or has the right to recover the goods

from the seller under other applicable law may be a buyer in ordinary course of business.

“Buyer in ordinary course of business” does not include a person that acquires goods in a

transfer in bulk or as security for or in total or partial satisfaction of a money debt.

(j) “Cash proceeds” means money, checks, deposit accounts, or the like.

(k) “Certified security” means a security that is represented by a certificate.

(l) “Certificate of title” means a written certificate issued by a governmental unit of a state or

tribe or other record maintained by a governmental unit of a state or tribe with respect to which

a statute or law provides for the security interest in question to be indicated on the certificate

or record as a condition or result of the security interest’s obtaining priority over the rights of

a lien creditor with respect to the collateral.

(m) “Chattel paper” means a record or records that evidence both a monetary obligation and

a security interest in specific goods, a security interest in specific goods and software used in

the goods, a security interest in specific goods and license of software used in the goods, a

lease of specific goods, or a lease of specific goods and license of software used in the goods.

In this paragraph, “monetary obligation” means an obligation secured by the goods or owed

under a lease of the goods and includes such an obligation with respect to software used in the

goods. The term does not include:

(1) charters or contracts involving the hire of a vessel or

(2) records that evidences a right to payment arising out of the use of a credit or charge

card, or information contained on or for use with the card. If a transaction is evidenced

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by records that include an instrument or series of instruments, the group of records

taken together constitutes chattel paper.

(n) “Collateral” means the property subject to a security interest or agricultural lien. The term

includes:

(1) proceeds to which a security interest attaches;

(2) accounts, chattel paper, payment intangibles, and promissory notes that have been

sold; and

(3) goods that are the subject of a consignment.

(o) “Commercial tort claim” means a claim arising in tort with respect to which:

(1) the claimant is an organization; or

(2) the claimant is an individual and the claim:

(i) arose in the course of the claimant’s business or profession; and

(ii) does not include damages arising out of personal injury to or the death of

an individual.

(p) “Department” means the Oneida Licensing Department.

(q) “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities

of the Nation.

(r) “License Fee” means that fee charged for a vendor’s license issued in accordance with this

law.

(s) “Nation” means the Oneida Nation.

(t) “Rule” means a set of requirements enacted in accordance with the Administrative

Rulemaking law.

(u) “Vendor’s License” means a license issued by the Oneida Vendor License Department to

a business entity that provides a service for, or that does business with the Nation.

510.4. General Provisions

510.4-1. No Waiver of Sovereign Immunity. The sovereign immunity of neither the Oneida Nation

nor of any of its agencies or instrumentalities is waived with respect to any provision of any

transaction subject to this Law, absent a recorded, properly ratified, express waiver of sovereign

immunity.

510.4-2. No Application Property Not Alienable. This Law does not apply to any property interest

that is subject to federal restrictions regarding sale, transfer, or encumbrance.

510.4-3. Notice; Knowledge.

(a) Subject to subsection (f), a person has “notice” of a fact if the person:

(1) has actual knowledge of it;

(2) has received a notice or notification of it; or

(3) from all the facts and circumstances known to the person at the time in question,

has reason to know that it exists.

(b) “Knowledge” means actual knowledge. “Knows” has a corresponding meaning.

to know.

(d) “Notifying or giving notice or notification” A person “notifies” or “gives” a notice or

notification to another person by taking such steps as may be reasonably required to inform

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the other person in ordinary course, whether or not the other person actually comes to know

of it.

(e) “Receipt generally”. Subject to subsection (f), a person “receives” a notice or notification

when:

(i) it comes to that person’s attention; or

(ii) it is duly delivered in a form reasonable under the circumstances at the place of

business through which the contract was made or at another location held out by that

person as the place for receipt of such communications.

(f) “Receipt by organization”. Notice, knowledge, or a notice or notification received by an

organization is effective for a particular transaction from the time it is brought to the

attention of the individual conducting that transaction and, in any event, from the time it

would have been brought to the individual’s attention if the organization had exercised due

diligence. An organization exercises due diligence if it maintains reasonable routines for

communicating significant information to the person conducting the transaction and there is

reasonable compliance with the routines. Due diligence does not require an individual acting

for the organization to communicate information unless the communication is part of the

individual’s regular duties, or the individual has reason to know of the transaction and that

the transaction would be materially affected by the information.

510.4-4. Value. Except as otherwise provided under applicable laws dealing with negotiable

instruments, bank deposits, letters of credit and bulk transfers and sales, a person gives value for

rights if the person acquires them:

(a) in return for a binding commitment to extend credit or for the extension of immediately

available credit, whether or not drawn upon and whether or not a chargeback is provided for

in the event of difficulties in collection;

(b) as security for, or in total or partial satisfaction of, a preexisting claim;

(d) in return for any consideration sufficient to support a simple contract.

510.4-5. Lease Distinguished from Security Interest.

(a) Basic test. Whether a transaction in the form of a lease creates a lease or security interest

is determined by the facts of each case.

(b) Transactions that create security interests. A transaction in the form of a lease creates a

security interest if the consideration that the lessee is to pay the lessor for the right to

possession and use of the goods is an obligation for the term of the lease and is not subject to

termination by the lessee, and:

(1) the original term of the lease is equal to or greater than the remaining economic

life of the goods;

(2) the lessee is bound to renew the lease for the remaining economic life of the

goods or is bound to become the owner of the goods;

(3) the lessee has an option to renew the lease for the remaining economic life of the

goods for no additional consideration or for nominal additional consideration upon

compliance with the lease agreement; or

(4) the lessee has an option to become the owner of the goods for no additional

consideration or for nominal additional consideration upon compliance with the lease

agreement.

create a security interest merely because:

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(1) the present value of the consideration the lessee is obligated to pay the lessor for

the right to possession and use of the goods is substantially equal to or is greater than

the fair market value of the goods at the time the lease is entered into;

(2) the lessee assumes risk of loss of the goods;

(3) the lessee agrees to pay, with respect to the goods, taxes, insurance, filing,

recording, or registration fees, or service or maintenance costs;

(4) the lessee has an option to renew the lease or to become the owner of the

goods;

(5) the lessee has an option to renew the lease for a fixed rent that is equal to or

greater than the reasonably predictable fair market rent for the use of the goods for the

term of the renewal at the time the option is to be performed; or

(6) the lessee has an option to become the owner of the goods for a fixed price that is

equal to or greater than the reasonably predictable fair market value of the goods at

the time the option is to be performed.

510.4-6. General Scope.

(a) General Scope of the Law. Except as otherwise provided in Section 510.4-7 (Excluded

Transactions) this Law applies to the following, if within the jurisdiction of the Nation:

(1) any transaction, regardless of its form, that creates a security interest in personal

property or fixtures by contract;

(2) an agricultural lien;

(3) a sale of accounts, chattel paper, payment intangibles, or promissory notes;

(4) a consignment; and

(5) any other commercial activity, including a sale of goods, other transaction in

goods, a negotiable instrument, bank deposit and collection, finds transfer, letter of

credit, document of title and investment security, to the extent the commercial activity

is implicated in paragraph (1), (3) or (4).

(b) Consistency in Application. Subject to Section 510.4-10 the application of this Law to a

type of transaction enumerated in subsection 510.4-6(a)(5) is to be derived from the context

involved, with due consideration for consistency in application with uniform principles of

commercial and contract law operative in the United States.

in a secured obligation is not affected by the fact that the obligation is itself secured by a

transaction or interest to which this Law does not apply.

510.4-7. Excluded Transactions. This Law does not apply to:

(a) a landlord’s lien, other than an agricultural lien;

(b) a lien, other than an agricultural lien, given by statute or other rule of law for services or

materials, but Section 510.6-14(k) (Particular Priority Rules) applies with respect to priority

of the lien.

(d) an assignment of a claim for wages, salary, or other compensation of an employee;

(e) a sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a

sale of the business out of which they arose;

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(f) an assignment of accounts, chattel paper, payment intangibles, or promissory notes

which is for the purpose of collection only;

(g) an assignment of a right to payment under a contract to an assignee that is also

obligated to perform under the contract;

(h) a right of recoupment or set-off, but Section 510.6-1(k) applies with respect to

defenses or claims of an account debtor; an assignment of a right represented by a

judgment, other than a judgment taken on a right to payment that was collateral;

(i) the creation or transfer of an interest in or lien on real property, including a lease or

rents thereunder, except to the extent that provision is made for:

a. a fixture filing; and

b. security agreements covering personal and real property in Section 510.9-4;

(j) an assignment of a claim arising in tort, other than a commercial tort claim, except as

provided with respect to proceeds and priorities in proceeds; or

(k) an assignment of a deposit account, except as provided with respect to proceeds and

priorities in proceeds.

510.4-8. Administration of Law; Authority to Promulgate Regulations/Rulemaking Authority. The

[name of the Oneida department or division], or its designated successor, is charged with the

administration of this Law. In accordance with Administrative Rulemaking Law the [insert name of

Oneida department or division], or its designated successor may promulgate regulations necessary

for the effective implementation and enforcement of this Law.

510.4-9. Obligation of Good Faith. Every contract or duty within this Law imposes, with respect to

its performance and enforcement, an obligation that each party be honest and act in a manner that is

consistent with reasonable commercial standards of fair dealing.

510.4-10. Course of Performance, Course of Dealing, and Usage of Trade.

(a) Course of performance defined. A “course of performance” is a sequence of conduct

between the parties to a particular transaction that exists if:

(1) the agreement of the parties with respect to the transaction involves repeated

occasions for performance by a party; and

(2) the other party, with knowledge of the nature of the performance and opportunity

for objection to it, accepts the performance or acquiesces in it without objection.

(b) Course of dealing defined. A “course of dealing” is a sequence of conduct concerning

previous transactions between the parties to a particular transaction that is fairly to be

regarded as establishing a common basis of understanding for interpreting their expressions

and other conduct.

a local custom or tradition of the Oneida Nation, having such regularity of observance in a

place, vocation, or trade as to justify an expectation that it will be observed with respect to

the transaction in question. The existence and scope of such a usage must be proved as facts.

If it is established that such a usage is embodied in a trade code or similar record, the

interpretation of the record is a question of law.

(d) Effect. A course of performance or course of dealing between the parties or usage of trade

in the vocation or trade in which they are engaged or of which they are or should be aware is

relevant in ascertaining the meaning of the parties’ agreement, may give particular meaning

to specific terms of the agreement, and may supplement or qualify the terms of the

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agreement. A usage of trade applicable in the place in which part of the performance under

the agreement is to occur may be so utilized as to that part of the performance.

(e) Practical construction; hierarchy. Except as otherwise provided in subsection (f), the

express terms of an agreement and any applicable course of performance, course of dealing,

or usage of trade must be construed whenever reasonable as consistent with each other. If

such a construction is unreasonable:

(1) express terms prevail over course of performance, course of dealing, and usage of

trade;

(2) course of performance prevails over course of dealing and usage of trade; and

(3) course of dealing prevails over usage of trade.

(f) Subject to other applicable law, a course of performance is relevant to show a waiver or

modification of any term inconsistent with the course of performance.

(g) Evidence of a relevant usage of trade offered by one party is not admissible unless that

party has given the other party notice that the court finds sufficient to prevent unfair surprise

to the other party.

510.4-11. Purchase Money Security Interest.

(a) Definitions in this Section:

(1) “Purchase-money collateral” means goods or software that secures a purchasemoney obligation incurred with respect to that collateral.

(2) “Purchase-money obligation” means an obligation of an obligor incurred as all

or part of the price of the collateral or for value given to enable the debtor to

acquire rights in or the use of the collateral is the value is in fact so used.

(b) Purchase-money security interest in goods. A security interest in goods is a purchasemoney security interest:

(1) to the extent that the goods are purchase-money collateral with respect to that

security interest;

(2) if the security interest is in inventory that is or was a purchase-money

collateral, also to the extent that the security interest secures a purchase-money

obligation incurred with respect to other inventory in which the secured party

holds or held a purchase-money security interest; and

(3) also to the extent that the security interest secures a purchase-money

obligation incurred with respect to software in which the secured party holds or

held a purchase-money security interest.

(c) Purchase-money interest in software. A security interest in software is a purchasemoney security interest to the extent that the security interest also secures a purchasemoney obligation incurred with respect to goods in which the secured party holds or held

a purchase-money security interest if:

(1) the debtor acquired its interest in the software in an integrated transaction in

which it acquired an interest in the goods; and

(2) the debtor acquired its interest in the software for the principal purpose of

using the software in the goods.

(d) Consigner’s inventory purchase-money security interest. The security interest in a

consignor in goods that are the subject of a consignment is a purchase-money security

interest in inventory.

(e) Application of payment in non-consumer transaction. In the transaction other than a

consumer transaction, if the extent to which a security interest is a purchase money

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security interest depends on the application of a payment to a particular obligation, the

payment must be applied:

(1) in accordance with any reasonable method of application to which the parties

agree;

(2) if paragraph one (1) does not apply, in accordance with the intention of the

obligor manifested at or before the time of payment; or

(3) if paragraphs one (1) and two (2) do not apply, in the following order:

i. to obligations that are not secured; and

ii. if more than one obligation is secured, to obligations secured by purchasemoney security interests in the order in which those obligations were incurred.

(f) No loss of purchase-money security interest. In a transaction other than a consumer

transaction, a purchase-money security interest does not lose its status as such, even if:

(1) the purchase money collateral also secures an obligation that is not a

purchase-money obligation;

(2) collateral that is not purchase-money collateral also secures the purchasemoney obligation; or

(3) the purchase-money obligation had been renewed, refinanced, consolidated, or

restructured.

(g) Burden of proof in non-consumer transaction. In a transaction other than a consumergoods transaction, a secured party claiming a purchase-money security interest has the

burden of establishing the extent to which the security interest is a purchase-money

security interest.

(h) Non-consumer goods transaction; no interference. The limitation of the rules in

subsections (e), (f), and (g) to transactions other than a consumer-goods transactions is

intended to leave to the court the determination of the proper rules in a consumer-goods

transactions. The court may not infer from that limitation the nature of the proper rule in

consumer-goods transactions and may continue to apply established approaches.

510.4-12. Sufficiency of Description. Except as otherwise provided in subsections (b) and (c), a

description of personal or real property is sufficient, whether or not it is specific, if it reasonably

identifies what is described.

(a) Examples of reasonable identification. Except as otherwise provided in subsection (c), a

description of collateral reasonably identifies the collateral if it identifies the collateral by:

(1) a type of collateral defined in this Law; or

(2) except as otherwise provided in subsection (b), any other method, if the identity of

the collateral is objectively determinable.

(b) Broad, generic descriptions insufficient. In a security agreement, a description of

collateral as “all the debtor’s assets” or “all the debtor’s personal property” or using words of

similar import does not reasonably identify the collateral.

Law is an insufficient description of:

(1) a commercial tort claim; or

(2) in a consumer transaction, any collateral.

510.4-13. Parties Power to Choose Applicable Law.

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(a) Choice of law generally. Except as provided in subsection (b) and unless preempted by

federal law, if a transaction bears a reasonable relation to the Oneida Nation and also to

another tribe, state, or country, the parties may agree that the law either of the Oneida Nation

or of the other tribe, state, or country governs the parties’ rights and duties. In the absence of

an effective agreement, this Law applies to all transaction bearing an appropriate relation to

the Oneida Nation. The fact that the law of another tribe, state, or country is applicable as

provided in this section does not affect the jurisdiction or venue of the Oneida Nation or of

any agency or instrumentality of the Oneida Nation.

(b) When agreement ineffective. An agreement otherwise effective under subsection (a) is

ineffective in any of the following cases:

(1) in a consumer transaction;

(2) to the extent the agreement purports to vary the provision of Section 510.6,

concerning the law governing perfection and priority; or

(3) to the extent that application of the law of the tribe, state, or country designated in

the agreement would be contrary to a fundamental policy of the Oneida Nation.

510.5. Effectiveness, Attachment and Rights of Parties

510.5-1. General Effectiveness of Security Agreement.

(a) General effectiveness. Except as otherwise provided in this Law or other applicable law, a

security agreement is effective according to its terms between the parties, against purchasers

of the collateral, and against creditors.

(b) Applicable consumer laws and other laws. A transaction under this Law is subject to:

(1) any applicable rule of law which establishes a different rule for consumers;

(2) any other applicable tribal, federal, or state statute or regulation that regulates the

rates, charges, agreements, and practices for loans, credit sales, or other extensions of

credit; and

(3) any consumer-protection statute or regulation.

statute, or regulation described in subsection (b), the rule of law, statute, or regulation

prevails.

510.5-2. Attachment and Enforceability of Security Interest; Proceeds; Formal Requisites.

(a) Attachment. A security interest attaches to collateral when it becomes enforceable against

the debtor with respect to the collateral, unless an agreement expressly postpones the time of

attachment.

(b) Enforceability. Except as otherwise provided in subsections (c) through (g), a security

interest is enforceable against the debtor and third parties with respect to the collateral only

if:

(1) value has been given;

(2) the debtor has rights in the collateral or the power to transfer rights in the

collateral to a secured party; and

(3) one (1) of the following is met:

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i. the debtor has a signed security agreement that provides a description of the

collateral and, if the security interest covers timber to be cut, a description of

the land concerned;

ii. the collateral is in the possession of the secured party pursuant to the

debtor’s security agreement and this Law; or

iii. the collateral is a security or an investment account and the secured party

has control pursuant to the debtor’s security agreement.

under applicable law or agreement, any recognized security interest of a letter-of-credit issuer

or nominated person under applicable law or agreement, a security interest arising under

recognized sales and leases law, and a security interest in a security or in an investment

account arising due to the purchase or delivery of the financial asset.

(d) Proceeds and supporting obligations. The attachment of a security interest in collateral

gives the secured party the rights to proceeds provided by this Law and is also attachment of

a security interest in a supporting obligation for the collateral.

(e) Lien securing right to payment. The attachment of a security interest in a right to payment

or performance secured by a security interest, mortgage or other lien on personal or real

property is also attachment of a security interest in the security interest, mortgage, or other

lien.

(f) Certain items credited to investment account. The attachment of a security interest in an

investment account is also attachment of a security interest in any securities or commodity

contracts credited to the investment account.

(g) Other persons bound. Law other than this Law determines if and when another person

becomes bound by a security agreement entered into by a debtor.

510.5-3. After-Acquired Collateral; Future Advances.

(a) After-acquired collateral. Except as otherwise provided in subsection (b), a security

agreement may create or provide for a security interest in after-acquired collateral.

(b) After-acquired property clause not effective. A security interest does not attach under a

term constituting an after-acquired property clause to:

(1) consumer goods, other than an accession when given as additional security, unless

the debtor acquires rights in them within ten (10) days after the secured party gives

value; or

(2) a commercial tort claim.

accounts, chattel paper, or payment intangibles are sold in connection with future advances

or other values, whether or not the advances or value are given pursuant to the commitment.

510.5-4. Rights and Duties when Collateral is in Secured Party’s Possession or Control.

(a) Duty of care when secured party in possession. A secured party shall use reasonable care

in the custody and preservation of collateral in the secured party’s possession.

(b) Right of repledge. A secured party having possession or control of securities or control of

an investment account may create a security interest in the collateral.

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paper, payment intangibles, or promissory notes or a consignor, subsection (a) does not apply

unless the secured party is entitled under an agreement:

(1) to charge back uncollected collateral; or

(2) otherwise to full or limited recourse against the debtor or a secondary obligor

based on nonpayment or other default of an account debtor or other obligor on the

collateral.

510.5-5. Additional Duties of Certain Secured Parties.

(a) Applicability of section. This section applies to cases in which there is no outstanding

secured obligation, and the secured party is not committed to make advances, including

obligations, or otherwise give value.

(b) Duty of secured party in control of investment account. Within ten (10) tribal business

days after receiving a signed demand by the debtor, a secured party having control of an

investment account shall send to the investment intermediary with which the investment

account is maintained a signed statement that releases the investment intermediary from any

further obligation to comply with instructions originated by the secured party.

tribal business days after receiving a signed demand by the debtor, a secured party shall send

to an account debtor that has received notification of an assignment to the secured party as

assignee Section 9-403, a signed record that releases the account debtor from any further

obligation to the secured party. However, this subsection does not apply to an assignment

constituting the sale of an account, chattel paper, or payment intangible.

510.5-6. No Interest Retained in Right to Payment that is Sold; Retained Power of Seller of Account

or Chattel Paper.

(a) Seller retains no interest. A debtor that has sold an account, chattel paper, payment

intangible, or promissory note does not retain a legal or equitable interest in the property

sold.

(b) Power of debtor with respect to account or chattel paper sold. A debtor that has sold an

account or chattel paper has the power to transfer a security interest in the account or chattel

paper:

(1) while the buyer’s security interest is unperfected; or

(2) to a person that, before the sale, filed a financing statement identifying the account

or chattel paper sold as collateral, while the financing statement remains effective.

510.5-7. Request for Accounting; Request Regarding List of Collateral or Statement of Account.

(a) A debtor may sign a record indicating what the debtor believes to be the aggregate

amount of unpaid indebtedness as of specified date and send it to the secured party with a

request that the statement be approved or corrected and returned to the debtor. When the

security agreement or any other record kept by the secured party identifies the collateral a

debtor may similarly request the secured party to approve or correct a list of collateral.

(b) A secured party, other than a buyer of accounts, chattel paper, payment intangibles or

promissory notes or a consignor, must comply with such a request within ten (10) tribal

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business days after receipt by sending a written correction or approval. If the secured

party claims a security interest in all of a particular type of collateral owned by the debtor

the secured party may indicate that fact in the reply and need not approve or correct an

itemized list of such collateral. If the secured party no longer has an interest in the

obligation or collateral at the time the request is received, the secured party must disclose

the name and address of any known successor in interest. A successor in interest is not

subject to this section until a request is received by the successor.

secured party may require payment of a charge not exceeding $25 for each additional

statement furnished.

510.6. Perfection and Priority

510.6-1. Law Governing Perfection and Priority of Security Interests. Except as otherwise provided

in Section 510.6-2, the following rules determine the law governing perfection, the effect of

perfection or non-perfection, and the priority of a security interest in collateral:

(a) Except as otherwise provided in this section, the Law of the Oneida Nation governs

perfection, the effect of perfection or non-perfection, and the priority of a security interest in

collateral:

(1) if the security interest is created pursuant to this Law;

(2) from the time that the debtor becomes subject to the jurisdiction of the Oneida

Nation under section 510.6-11(d) and (e); or

(3) from the time that the collateral is transferred to a person that thereby becomes a

debtor and is subject to the jurisdiction of the Oneida Nation.

(b) Except as provided in paragraph (c), while the goods are located in a jurisdiction, the

local law of that jurisdiction governs:

(1) perfection of a security interest in the goods by filing a fixture filing;

(2) perfection of a security interest in timber to be cut; and

(3) perfection, the effect of perfection or non-perfection, and the priority of an

agricultural lien on farm products.

perfection, the effect of perfection, non-perfection, and the priority of a security interest in

as-extracted collateral.

(d) This section does not determine the law governing matters not expressly referred to

herein, including attachment, validity, characterization, and enforcement.

510.6-2. Law Governing perfection and Priority of Security Interests in Goods Covered by a

Certificate of Title.

(a) Applicability of section. This section applies to goods covered by a certificate of title,

even if there is no other relationship between the jurisdiction under whose certificate of title

the goods are covered and the goods of the debtor.

(b) When goods covered by certificate of title. Goods become covered by a certificate of title

when a valid application for the certificate of title and the applicable fee are delivered to the

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appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the

time the certificate of title ceases to be effective under the law of the issuing jurisdiction or

the time the goods become covered subsequently by a certificate of title issued by another

jurisdiction.

goods are covered governs perfection, the effect of the perfection or non-perfection, and the

priority of a security interest in goods covered by a certificate of title from the time the

goods become covered by the certificate of title until the goods cease to be covered by the

certificate of title.

510.6-3. When Security Interest or Agricultural Lien is Perfected; Continuity of Perfection.

(a) Perfection of security interest. Except as otherwise provided in this section and Section 9309, a security interest is perfected if it has attached and all of the applicable requirements

for perfection set forth in this Law have been satisfied. A security interest is perfected when

it attaches if the applicable requirements are satisfied before the security interest attaches.

(b) Perfection of agricultural lien. An agricultural lien is perfected if it has become effective

and all of the applicable requirements for perfection set forth in this Law have been satisfied.

An agricultural lien is perfected when it becomes effective if the applicable requirements are

satisfied before the agricultural lien becomes effective.

lien is perfected continuously if it is originally perfected by one method under this Law and

is later perfected by another method under this Law, without an intermediate period when it

was unperfected.

(d) Supporting obligation. Perfection of a security interest in collateral also perfects a

security interest in a supporting obligation for the collateral.

(e) Lien securing right to payment. Perfection of a security interest in a right to payment or

performance also perfects a security interest in a security interest, mortgage, or other lien on

personal or real property securing the right.

(f) Certain items credited to investment account. Perfection of a security interest in an

investment account also perfects a security interest in any securities or commodity contracts

credited to the investment account.

510.6-4. Security Interest Perfected Upon Attachment. The following security interests are perfected

when they attach:

(a) a purchase-money security interest in consumer goods, except as otherwise provided in

Section 510.6-6(b) regarding goods subject to certain laws, regulations or treaties;

(b) a security interest created by an assignment of accounts which does not by itself or in

conjunction with other assignments to the same assignee transfer a significant part of the

assignors outstanding accounts;

(d) a security interest created by an assignment of a health-care-insurance receivable to the

provider of the health-care goods or services;

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(e) a security interest created by an assignment of a beneficial interest in a decedents estate;

and

(f) a security interest created by an assignment by an individual of an account that is a right

to payment of winnings in a lottery or other game of chance.

510.6-5. When Filing Required to Perfect Security Interest or Agricultural Lien; Security Interests

and Agricultural liens to which Filing Provisions Do Not Apply.

(a) General rule: perfection by filing. Except as otherwise provided in subsection (b) and

Sections 510.6-7 and 510.6-8, a financing statement must be filed to perfect all security

interests and agricultural liens.

(b) Exceptions: filing not necessary. The filing of a financing statement is not necessary to

perfect a security interest:

(1) that is perfected under Section 510.6-3(c), dealing with liens securing rights to

payment;

(2) that is perfected when it attaches under Section 510.6-4;

(3) in property subject to a law, regulation, or treaty described in Section

510.6-6(a);

(4) in goods in possession of a bailee which is perfected under Section 510.6-7(d)(1)

or (2);

(5) in certificated securities, negotiable documents, goods, or instruments which is

perfected without filing or possession under Section 510.6-7(e), (f) or (g);

(6) in collateral in the secured party’s possession under Section 510-6-8;

(7) in a security or an investment account perfected by control under Section 510.6-9;

(8) in proceeds which is perfected under Section 510.6-10; or

(9) that is perfected under Section 510.6-11 relating to continued perfection of

security interests perfected under the law of another jurisdiction.

interest or agricultural lien, a filing under this Law is not required to continue the perfected

status of the security interest against creditors of and transferees from the original debtor.

510.6-6. Perfection of Security Interests in Property Subject to Certain Statutes, Regulations, and

Treaties.

(a) Security interest subject to other law. Except as otherwise provided in subsection (d), the

filing of a financing statement is not necessary or effective to perfect a security interest in

property subject to:

(1) any law of the United States whose requirements for a security interest obtaining

priority over the rights of a lien creditor with respect to the property preempt the

provisions of this Law requiring that security interests be perfected by filing;

(2) list any statute covering automobiles, trailers, mobile homes, boats, farm tractors,

or the like, which provides for a security interest to be indicated on a certificate of

title as a condition or result of perfection, and any central filing statute other than the

one provided by this Law; or

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This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.